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1970 Supreme(Bom) 58

J.L.NAIN, D.G.GATNE
Ganesh Narayan Kulkarni – Appellant
Versus
Ganesh Ramchandra Joshi – Respondent


JUDGMENT - Nain, J.

1. This is an appeal by the original plaintiff against the judgment dated 18th June 1962 of the learned Second Extra Assistant Judge, Sholapur, confirming the dismissal of the suit of the plaintiff by the learned Civil Judge. Junior Division, Mangalwedha. The learned Second Extra Assistant Judge has, however, dismissed the appeal of the plaintiff only on the ground that the suit was barred under Article 11-A of the Indian Limitation Act, 1908.

2. The facts leading to this litigation may be briefly stated as follows:--

The suit from which the present appeal arises was for possession of a house bearing Municipal No. 401 at Mangalwedha in Sholapur District and for mesne profits based on title as purchaser from the plaintiffs predecessor. This property, prior to the said purchase, belonged to one Watave. The defendant No. 1, according to Watave, was his tenant under a lease for 11 months. In 1953 Watave filed against the defendant No. 1 Civil Suit No. 4 of 1953 for eviction alleging that he had determined the lease of the defendant No. 1. The said suit was decreed by the trial Court. The defendant No. 1 appealed to the District Court. The said appeal, being First Appe
















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