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1973 Supreme(Bom) 35

C.S.DHARMADHIKARI
Madhao Pandurang and Anr. – Appellant
Versus
Yeshwant – Respondent


JUDGMENT - 1. This is a second appeal filed by the original plantiffs against the judgment of the Second Extra Assistant Judge, Nagpur, in Civil Appeal No. 55 of 1963 dated 19-2-1964, allowing the appeal filed by the original defendant and dismissing the suit filed by the plaintiffs.

2. The plaintiffs filed a suit for possession of the suit house on the basis of title and also for recovery of Rs. 540/- on account of mesne profits for use and occupation of the said house by the defendant. It was contended by the plaintiff that the house bearing number 1326/0-3 situated in Circule No. 21, Balaji Mandir Road, Itwari, Nagpur, originally belonged to one Narayan Paikaji Gurao of Nagpur. After his death it was inherited by his wife Gaurabai. She sold this house to one Mannulal in the year 1925. Since then Mannulal continued to be in possession of the said house in his own right and got the same constructed at his own costs in the year 1936. As it was thought necessary that Maina, sister of Narayan, should also give her consent to the said transfer such a consent deed was obtained on the 4th October, 1925 by which she purported to give up her right in respect of the property. Mannulal conti

































































































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