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1994 Supreme(Bom) 605

A.M.BHATTACHARJEE, A.P.SHAH
Laxman Sakharam Salvi since decd. by his heirs – Appellant
Versus
Balkrishna Balvant Ghatage – Respondent


JUDGMENT - A.P. SHAH, J.:---Original defendant Nos. 3 to 6 and 2-A to 2-D have taken exception to a decree for possession of a house property by way of this letters patent appeal. Briefly stated, the facts are that the plaintiff sued the defendants to recover possession of the suit property on the basis of his title. According to the plaintiff, on May 19, 1970, he purchased the suit property for a consideration of Rs. 12,000/- from the 1st defendant. The 2nd defendant, deceased Laxman Sakharam Salvi, was the brother of the 1st defendant, but given in adoption in Salvi family. The defendants 3 to 6 and 2-A to 2-D are the legal representatives of the 2nd defendant. According to the plaintiff, the suit property was purchased by the 1st defendant benami in the name of the 2nd defendant on July 31, 1930 from Chhatrapati Maharaja of Kolhapur. In the alternative the plaintiff alleged that if the 2nd defendant was the real owner then the 1st defendant was the ostensible owner of the suit property and that he purchased the same from the 1st respondent bona fide for valuable consideration without notice of the rights of the 2nd defendant. In the alternative the plaintiff also alleged that













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