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2003 Supreme(Bom) 1058

S.T.KHARCHE
Gulamuddin Hisamuddin through L. Rs. & others – Appellant
Versus
Mohd. Bashiruddin Mohd. Saifuddin & another – Respondent


JUDGMENT - KHARCHE S.T., J.:---This second appeal is directed against the judgment and decree dated 2-1-1990 passed by the 3rd Additional District Judge, Amravati, in Regular Civil Appeal No. 52 of 1984 by which the Appellate Court confirmed the judgment and decree dated 21-12-1983 passed by the Civil Judge, Senior Division, Achalpur, in Regular Civil Suit No. 149 of 1979 directing original defendants No. 1 and 2 to deliver the vacant possession of the suit premises to the original plaintiff.

2. Relevant facts are as under :

Mohammad Saifuddin instituted regular civil suit for possession on the strength of his title against his own brother original defendant No. 1 and the subsequent purchaser original defendant No. 2. It is contended that the plaintiff had purchased the suit premises from one Abdul Wahab on 25-3-1947 by virtue of unregistered sale-deed (Exh. 37) and the erstwhile owner had delivered the possession of the suit house to him on the same day. It is contended that one Jalaluddin was inducted as a tenant in the suit house on behalf of Mohammad Saifuddin and the Rent Note dated 27-9-1972 was also executed by the tenant. It is contended that original defendant No. 1 Naru




























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