JUDGMENT

Abhay Manohar Sapre, J.

1) This appeal is filed by the legal representatives of the plaintiff against the final judgment and order dated 25.04.2007 passed by the High Court of Judicature of Bombay, Bench at Aurangabad in Second Appeal No.333 of 1990 whereby the Single Judge of the High Court while exercising jurisdiction under Section 100 of the Code of Civil Procedure, 1908 (hereinafter referred to as “the Code”) reversed the concurrent findings of fact arrived at by the two Courts below and dismissed the suit of the plaintiff-appellant herein.

2) We need not burden the order by setting out the facts in detail except to the extent necessary to appreciate the short controversy involved in the appeal.

3) The appellants are the legal representatives of the original plaintiff whereas the respondent is the defendant.

4) The dispute in this appeal relates to an agricultural land bearing G.No. 505 (old Sy. No 71) admeasuring 5 Hectare 28 R. situated at village Vardi, Taluka Chopda, District Jalgao (MH) (hereinafter referred to as, “the suit land".

5) One Rustum s/o Nathu Pinjari -a Muslim by religion was the owner of the suit land. He died intestate leaving behind his only daughter-D