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1994 Supreme(Bom) 164

V.H.BHAIRAVIA
Lotan Ramchandra Shimpi and others – Appellant
Versus
Shankar Ganpat Kayasth and others – Respondent


JUDGMENT - V.H. BHAIRAVIA, J.:-Being aggrieved by the judgment and order dated 21st October, 1982 passed by the learned Assistant Judge, Dhule, in Civil Appeal No. 266 of 1981 confirming the judgment and decree dated 9th July, 1981 passed by the learned Civil Judge, Junior Division, Sakri, in Regular Civil Suit No. 60 of 1977, the appellants-plaintiffs have preferred this appeal.

The suit was filed for recovery of possession of the suit lands, being gat No. 56 (survey No. 35/2 and get No. 60 (survey No. 36/1), situated at village Bhadane, under the Specific Relief Act. It was alleged that the defendants have forcibly dispossessed the plaintiffs from the suit lands. The suit was contested by the defendants contending that the possession of the suit lands has been lawfully given to the defendants by the deceased father of the plaintiffs under an agreement to sell (Exh. 55), which is a registered document. After framing issues and recording evidence, the learned trial Judge dismissed the suit by his judgment and order dated 9th July, 1981. Appeal preferred by the plaintiffs against the said order came to be dismissed by the learned appellate Judge by his judgment and order dated 21st

















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