TUKARAM Vs. DECEASED RAGHUNATH

JUDGEMENT

(1.) By this second appeal, under section?100?of the CPC, the defendant no.1 has challenged the reversal judgment of the First Appellate Court.

(2.) The trial Court by the judgment dated 21.12.2009 had dismissed the Civil Suit No.3-A/2007 filed by the respondent No.1 to 5 (plaintiffs) seeking the decree of declaration of title and mensne profit and the First Appellate Court by the judgment dated 14.12.2010 by allowing the Appeal has reversed the judgment of the trial Court and decreed the suit.

(3.) The respondents no.1 to 5 had filed the suit with the plea that the suit house No.151 in Ward No.8 was in two parts and Raghunath was the owner of Chasma 1? changed number Ward No.9 building no.219 area 71X11 feet. Raghunath had died on 23.9.1994 and the respondents no.1 to 5 had continued in possession of the suit house as owner thereof being the legal heirs of Raghunath. The respondents no.1 to 5 had gone out of the village for earning their livelihood and the house was also damaged, taking advantage of it, the appellant had taken possession of it about 11/2 years prior to filing of the suit and when the respondents no.1 to 5 inquired from the Municipality they came to know that the appellant had got the house mutated in his name. Hence, after serving of notice the respondents no.1 to 5 had filed the suit for declaration of title, possession and mesne profit.