NARAYAN BAPUJI DHOTRE Vs. RAMBHAU NAMDEO GAJRE

JUDGEMENT

(1.) THIS appeal arises out of the judgment and decree dated 8-8-1984 passed in Civil Appeal No. 71 of 1981 by the District Judge, Jalna reversing the judgment and decree dated 31-7-1979 passed in Regular Civil Suit No. 184 of 1974 by the Joint Civil Judge, Junior Division, Jalna. The appellant is the original plaintiff and the respondent is the original defendant.

(2.) THE property in dispute is an agricultural land bearing Sy. No. 94 admeasuring 18 acres and 23 gunthas situated at village Jambwadi Taluka Jalna. According to the plaintiff he is the owner of the suit-land which is his self-acquired property. The plaintiff averred that his brother had filed Special Civil Suit No. 20 of 1962 for partition and possession of the ancestral land of the family and in that suit the suit-land along with other lands were left out to the share of the plaintiff. According to the plaintiff, he was in possession of the suit land. However, the defendant having absolutely no right wrongfully dispossessed him of the suit land in April 1965. The plaintiff, therefore, filed a suit for possession in forma pauperism on 5-1-1973.

(3.) THE defendant resisted the suit contending, inter-alia, that under an agreement of sale dated 16-6-1961 the plaintiff and his brother Manohar agreed to sell the suit land to one Pishorilal Punjabi and put him in possession on the same day. The defendant further averred that the said Pishorilal executed an agreement of sale in favour of the defendant on 1-9-1961 and agreed to sell the suit land and other lands. The defendant claims to have come in possession of the suit land on the basis of the agreement of sale dated 1-9-1961. The defendant contended that his possession of the suit land, therefore, deserves to be protected as per the doctrine of part performance.