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1997 Supreme(Bom) 591

S.RADHAKRISHNAN
Bhaguji Bayaji Pokale and others – Appellant
Versus
Kantilal Baban Gunjawate and others – Respondent


JUDGMENT - S. RADHAKRISHNAN, J.:---The brief facts leading to this second appeal are as under:

In the year 1951, that is to say on 26th September, 1951, the appellants herein who were the original defendant Nos. 1 and 2, had purchased from the respondents, two acres of land from Survey No. 32/1 and had also purchased a share of 2 annas and 8 pie in a Rupee with regard to a well situated at Survey No. 32/3 for a total sum of Rs. 700/-. This sale deed was duly registered. There is absolutely no dispute between the parties with regard to this sale deed. The respondents herein also do not dispute the appellants title with regard to the two acres of land which is found in Survey No. 32/1. The only dispute is with regard to 2 annas and 8 pie share in the entire well which is situated at Survey No. 32/2. It appears that the respondents, without any notice whatsoever to the appellants, got the mutation entry changed with regard to the appellants right, title etc., regarding the aforesaid well. Only in the year 1983, the appellants came to know of the aforesaid unauthorised change in mutation entry and took objection to the same. It is the contention of the respondents that since the appella


















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