BHOJRAJ KRISHNARAO Vs. SHESHRAO DIWAKARRAO

JUDGEMENT

(1.) THIS is a revision by the defendants arising out of a suit under Section 9, Specific Relief Act, and decreed by the lower Court.

(2.) ONE Sheshrao son of Vyankatrao, as the adopted son of Diwakar, is alleged to be the proprietor of 6-piea share of village Ambhori with sir and khudkasht land, and a house situate in the abadi of that village. A suit under Section 9, Specific Relief Act, was instituted on the allegation that the defendants dispossessed the plaintiffs in November 1944. Out of the aforesaid property the sir field was leased for the year 1944-45 under a lease deed dated 27th May 1943, and on the date of the alleged dispossession plaintiff 1, Sheshrao was in possession of field No. 75, area 3.32 acres (sir) through the lessees, Laxmikant and Atmaram (plaintiffs 2 and 3).

(3.) THE learned Judge of the lower Court decreed the claim on the finding that the dispossession was on or about 2nd November 1944, i e. within six months of the suit and this finding which was a pure finding of fact was sufficient for the disposal of suit.