PRAKASH RAO Vs. ANIL & OTHERS

JUDGEMENT

(1.) This Second Appeal has been filed by the Legal Heirs of defendant No.1 before the Trial Court against the judgment and decree dated 09.10.2003 passed by the Court of Second Additional District Judge (Fast Track), Ganjbasoda, in Civil Appeal No.3-A/2003 originating from the judgment and decree dated 28.09.1999 passed in Civil Suit No.212-A/1994 decided by Second Civil Judge Class-II, Ganjbasoda.

(2.) The brief facts leading to the present appeal are that respondents No.1, 2, 3 and 4 are the Legal Representatives of the plaintiff. The plaintiff had filed a suit claiming that the suit property was originally in the name of Shankar Rao and said Shankar Rao, died on 27.11.1929. Shankar Rao had four children, namely; Janardan Rao- defendant No.1, Bhaskar Rao, who had also died and defendants No.3, 4 and 5 being LRs of Bhaskar Rao, were arrayed as defendants, Yashwant Rao and the plaintiff- Bhagwant Rao.

(3.) According to the plaintiff, Phoofa of Shankar RaoKashinath Vishwanath Pandit, had given the suit property namely; a house situated in Basoda having the following boundaries, namely; in the East- house of Shri Narayan Rao Pingle, in the West- house of Sundar Lal Chourasiya and a alley, in the North- house of Sundar Lal Jain and Gulabchand Jain and in the South- house of Narayan Rao Pingle.