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2005 Supreme(Bom) 1693

R.C.CHAVAN
Dama s/o Sakharam Gongale – Appellant
Versus
Bija s/o Dharma Khobragade – Respondent


( 1 ) BEING aggrieved by the decree passed against them by the learned 2nd joint Civil Judge, Junior Division, Chandrapur in Regular Civil Suit No. 330 ot 1980 and confirmed n Regular Civil Appeal No. 11 of 1984 by the learned Additional District Judge, chandrapur, the original defendants have preferred this appeal.

( 2 ) ONE Ramabai, widow of Dharma khobragade, mother ot the respondent and appellant No. 3, had tiled the said suit for declaration that the sale-deed executed by appellant No. 1 Dama, original defendant No. 1, in favour of appellant No. 2 Shantabai, original defendant No. 2, in respect of the suit field and house was null and void and for recovery of possession thereof. Ramabai died during the pendency of the suit and the suit was prosecuted further by her son, respondent-original defendant No. 4 Bija.

( 3 ) THE relationship of the parties could be stated as under : ramabai, original plaintiff, was the wife of Dharma. Dharma had two sons - Bija, respondent/plaintiff, who prosecuted the suit, and Kisan, defendant/appellant No. 3. Defendant/appellant No. 2 Shantabai is the wife of Kisan. She had purchased the property from appellant/defendant No. 1 Dama Sakharam gongale














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