SAKHARAM JIVALA BHADANGE Vs. RAJARAM RAMAJI GAIKWAD

JUDGEMENT

(1.) On 13th March, 1991, this Court admitted appeal on the following substantial question of law:

(2.) Heard learned counsel for the parties. Perused record. In my view, appeal also gives rise to following substantial question of law, which I have framed in terms of proviso to Section 100(4) of the Code of Civil Procedure, 1908, and accordingly, called upon the parties to address same:

(3.) The appellant was Defendant, in the Civil Suit No.3 of 1977, instituted by the respondent in the Court of Civil Judge, Junior Division, Dindori at Nashik wherein he sought possession of Gat No.108 admeasuring 2 Hectares situated at Village: Barhe, Taluka: Surgana (hereinafter called 'Suit Land').