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2007 Supreme(Bom) 1631

C.L.PANGARKAR
Khurshid Bano wd/o Mohd. Ayub – Appellant
Versus
Mohd. Afsar s/o Mohd. Samsher – Respondent


Advocates:
Advocate Appeared
Mr.B.S.Deshpande, Advocate for the appellants.
Mr.A.V.Bhide, Advocate for the respondents.

ORAL JUDGMENT:

1. This Second appeal is at the instance of the original plaintiffs.

2. A few facts may be narrated thus - The plaintiffs are the heirs of one Mohd.Ayub s/o Pyar Mohammad. Mohd.Ayub owned the property described in the plaint namely Plot No.171/1 on Nazul Sheet No.21/C at Shegaon. The said plot was purchased by Mohd.Ayub in the year 1951 by registered sale-deed. There was a small structure in a dilapidated condition on the said plot. Mohd.Ayub was for some time running a floor mill in the said house. Later he shifted to Bombay and stopped running the said floor mill. He died in the year 1965. The plaintiffs, who are the heirs of Mohd.Ayub also shifted to Bombay along with him. Defendant no.7 is also one of the heirs of deceased Mohd.Ayub. Each of the plaintiffs and defendant no.7 has 1/7th share in the suit property. Deceased Mohd.Ayub had a real brother by name Mohd.Samsher. He was, however, residing at Shegaon only. Mohd.Ayub had allowed said Mohd.Samsher and defendant no.7 to use the said property. Mohd.Samsher, however, had no right, title or interest in the said property. It is alleged that defendants no.1 to 6 started showing antagonistic attitude. Hence, the pla












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