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1994 Supreme(Bom) 587

S.D.PANDIT
Abasaheb Bali Gharge and another – Appellant
Versus
Balaji Ramhari Gharge – Respondent


JUDGMENT - S.D. PANDIT, J.:-Original defendants in Regular Civil Suit No. 133 of 1976 on the file of the Civil Judge, Junior Division, Vaduj, have come in Second Appeal.

2. The suit property consists of an agricultural land bearing Survey No. 308/4, admeasuring 78 acres of village Vikhale, Taluka Khatav, District Satara.

3. Respondent-plaintiff came before the Court with the case that the said property was of the ownership of Sonatai Bali Ghadge and that she was in occupation and possession of the said property as its owner since the year 1955-1956 and she sold the said property to him for a consideration of Rs. 14,000/- on 1st of January, 1976 and put him in possession of the same and since then he is in occupation and possession of the said property, but the defendant No. 1 - Abasaheb, who is the son of Bali Pandurang Gharge, is trying to disturb his possession and enjoyment of the said property along with his wife and, therefore, he sought a decree for perpetual injunction.

4. The defendants-appellants contested the claim of the plaintiff by filing written-statement at Exhibit 15. They denied the claim of the plaintiff that the property in question was of the ownership, possession











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