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1957 Supreme(Bom) 83

B.N.GOKHALE
Tukaram Rajaram Suple and others, Plaintiffs – Appellant
Versus
Sonba Chindhu Mali, Defendant – Respondent


This is an appeal by the plaintiffs against the dismissal of their suit by the lower appellate Court which reversed the decision of the trial Court decreeing the plaintiffs suit. The present suit was filed by the plaintiffs for establishing their right of way along the western dhura of field Survey No. 361 which belongs to the defendant-respondent. The plaintiffs are the recorded tenants of Khasra Nos. 290 and 360 in absolute occupancy right situated at mouza Mohapa, whereas the defendant is the absolute occupancy tenant of Khasra No. 361, in the same village, which adjoins plaintiffs* field Khasra No. 360. These fields admittedly belonged to the family of Tekades and members of the Tekade family seemed to have sold these fields as well as the other fields which belonged to them to strangers. On 30-1-1919 Copals branch of the Tekade family, according to the plaintiffs, sold fields Nos. 362 and 363 to one Amritrao. Then on 26-1-1930, field No. 361 was sold by Dinkars branch and Purushottams branch of the Tekade family to two purchasers Ganpatrao and Abaji. This sale deed is Ex. P-24 on the record. One other field No. 289 belonging to these two branches of the Tekade family was not,
















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