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2006 Supreme(Bom) 1729

S.R.SATHE
ADAM MOHMAD DARWAJKAR – Appellant
Versus
APPA DAUD DARWAJKAR – Respondent


JUDGMENT :- Appellants, the original plaintiffs and defendant Nos. 6 and 7 have preferred this appeal against the judgment and order passed by the Court of Additional District Judge, Gadhinglaj in Regular Civil Appeal No. 98 of 1997 whereby the appeal was allowed and the judgment and order passed by the learned trial Judge restraining the defendant from obstructing the plaintiffs possession of the suit land was set aside. For the sake of convenience hereafter the parties shall be referred to as plaintiffs and defendants.

2. Brief facts giving rise to this appeal are as under:

The suit land described in detail in paragraph 1 of the plaint was originally owned by one Kelkar. According to plaintiff his father Mohammed Darwajkar, took the said land as a tenant and as per the provisions of the Bombay Tenancy and Agricultural Lands Act (hereafter referred to as BTAL Act) he became owner of the said land. Mohammed died in the year 1979 leaving behind sons plaintiffs 1 to 4, original defendants 6 and 7 the daughters. The defendant No. 1 and father of the defendants 2 to 5 were residing separately from Mohammed. The suit land was exclusively owned by Mohammed and defendant had no concern wi













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