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2007 Supreme(Bom) 1744

C.L.PANGARKAR
Rangubai wd/o Bhanudas Saudar (deleted) – Appellant
Versus
Ramkrishnan Abaji Jadhao – Respondent


Advocates appeared
Mr. N.S. Bhattad, Advocate for the appellants.
Mr. Paliwal, Advocate for the respondent.

JUDGMENT:

1. The appellants/defendants, who lost in both the courts below have preferred this second appeal.

2. The facts giving rise to this appeal are as under - The subject matter of the suit is 7 acres out of gat No.91 of village Sawargaon Teli in Buldhana district. Defendant no.1 is the mother of defendant nos.2 to 5. Defendant no.1's husband and defendants no.2 to 5's father had sold the said field to the plaintiff on 7/1/1955. The said field has been in possession of the plaintiff since then continuously. However, in the year 1986-87, the defendants illegally took possession of the suit field from the plaintiff. The plaintiff, therefore, instituted suit for possession and damages.

3. The defendants resisted the suit and denied that they have forcibly taken possession of the suit field. Their contention is that Bhanudas . the deceased had borrowed a sum of Rs.500/- from the plaintiff. He could not repay that amount. Since he could not repay the amount of Rs.500/-, the plaintiff added Rs.1000/- towards interest and obtained a nominal sale-deed in his favour on 7/1/1955. The said sale-deed was executed by said Bhanudas by way of security. Further it is the contention of the defend


















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