MATE NANDE Vs. DALCHAND PHADALI

JUDGEMENT

(1.) THIS is a defendant's appeal in a suit for possession of a house and for certain injunction. It is admitted that the whole case hinges on the plaintiff's right to possession. If he has no right to possession then he has no right to the injunctions claimed. On the other hand, if he has a right to possession then he is entitled to the injunction. The facts are as follows:

(2.) ONE Balkishan had three sons and a daughter as shown in the following genealogical, tree: BALKISHAN ________________________|_______________________________ | | | | Fadali Nande Parmanand Mat. Poonabai w. Matbura w. Mst. Durga (P.W. 1) (3 D.W. 2). (Deft. 3). (Deft. 2). | | Dalchand Mate (Plff). (Deft. 1.) The plaintiff's father Fadali died on 23-6-1923. Two days later on 2.7-5-1923, the house in suit was sold by the plaintiff's mother, who is defendant 3 in this case, to the plaintiff's paternal uncle Nande. Nande is the father of defendant 1 and husband of defendant 2. The suit was filed 19 years later on 31-3-1942. The plaintiff was a minor and so gets an extended period of limitation.

(3.) THIS is the only allegation regarding fraud in the. plaint. No detail is given, nor is it suggested how or why the fraud was necessary, nor is it shown how it was carried out. It has been repeated over and over again by the Privy Council, and by this Court, that no case of fraud can be looked at unless it is pleaded with the utmost particularity and unless it is proved as laid.