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1995 Supreme(Bom) 150

A.A.DESAI
Chimote and Sons and others – Appellant
Versus
Deodatta s/o. Shankarrao Bodhankar and others – Respondent


JUDGEMENT - A.A. Desai, J.:---These appeals are directed against a judgment and decree dated 25-1-1979 passed by the Civil Judge, Senior Division, Amravati. They are heard together and decided by this common judgment.

2. The litigation has chequred history. It also carries intricate questions of facts and law. Relevant for the purposes of adjudication is thus :

One Balkrishna Bodhankar acquired the suit property, namely, house at Amravati and agricultural field at Mouza Rahatgaon. In 1918, he died. His son Shankarrao (defendant No. 1) took the possession and management of the suit property on behalf of Hindu undivided family which consisted of self and sons - Deodatta (plaintiff), Jagdish (defendant No. 3) and Jaiprakash (defendant No. 4).

On 24-1-1951, Shankarrao entered into agreement to sell suit house in favour of Chimotes. On 14-3-1951, one Dhapubai, in execution of decree obtained against Shankarrao (defendant No. 1), attached the suit house and put to auction. On 9-7-1951, Shankarrao pursuant to the agreement vide Exh. 230, executed a Deed of Sale for total consideration of Rs. 25,000/- in favour of Chimote.

Defendant No. 6 Chimote filed Civil Suit No. 13-A/53 purported to be










































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