KONDI SAVLA BACHAL Vs. BANACHAND CHENIRAM MARWARI

JUDGEMENT

(1.) The plaintiff sued to recover possession of the plaint property with mesne profits, alleging that on May 23, 1918, he purchased it tit a Court auction for Rs. 530 in darkhast No. 654 of 1917 in execution of the decree obtained by him in suit No. 887 of 1913.

(2.) That suit was filed on a mortgage given by one Krishna Appa, against his widow Vithabai and one Patlu Babaji.

(3.) The plaintiff obtained a sale certificate dated August 15,1918. The defendant claimed that he had obtained a decree in suit No. 649 of 1911 against Vithabai and in execution of the decree the property was sold at auction on February 1, 1913, and was, purchased by Patlu bin Babaji benaini for the defendant; that since then he had been in possession; that the plaintiff collusively obtained the decreeagainst Patlu in 1913; and that he was not bound by it. The trial Court held that the defendant had not proved that Patlu Babaji was his benamidar, that the plaintiff had proved his title to the property in suit, and therefore passed a decree for possession in favour of the plaintiff.