JUDGMENT - KANADE V.M., J.:---The appellant is the original defendant No. 1, the respondent Nos. 1 to 7 are the original plaintiffs and the respondent No. 8 is the original defendant No. 2, (for the sake of convenience, the parties will be referred to as "plaintiffs" and "defendant" Nos. 1 and 2").

FACTS

2. The plaintiff, Vithalrao Motiramji Mandale, had filed the suit for possession and damages against the defendant No. 1 Trust and defendant No. 2 Vasant Mahadeorao Fartode. The case of the plaintiff, in brief, is that plot No. 57 was owned by defendant No. 2 Vasant Mahadeorao Fartode and it was carved out of Survey No. 33 and converted into a plot. The plaintiff intended to purchase the said plot and, therefore, he published a notice in daily "Matrubhumi" dated 2-10-1982 inviting objections in respect of the said plot and since no objections were received, he purchased it from defendant No. 2 by a registered sale deed dated 14-10-1982 for a total consideration of Rs. 17,000/-. On execution of the sale deed, the plaintiff was put in possession of the suit field. The case of the plaintiff is that when he wanted to put a fence around the said plot and had started the fencing work on 4

Click Here to Read the rest of this document