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2008 Supreme(Bom) 344

C.L.PANGARKAR
Shriram Niwrutti Mahalle – Appellant
Versus
Pannalal s/o Narayandas Totala – Respondent


Advocates:
Advocate appeared
Mr. V.G. Palshikar, Advocate for the appellant.
Ms. R.V. Kalia, Advocate for respondent no.1.
Mr. V.N. Kakirde, Advocate for respondent nos.2 and 3.

JUDGMENT:

1. This is a second appeal by the unsuccessful defendant. The parties shall herein after be referred to as the plaintiff and defendant.

2. The facts giving rise to this appeal are as under One Narayandas Totala was the original owner of the suit site. Plaintiff – Pannalal is the adopted son of said Narayandas, he having been adopted on 3/7/1979. Said Narayandas died on 11/5/1981 leaving behind him the plaintiff as the only heir. The plaintiff, therefore, became the owner of the entire property upon death of said Narayandas. The plaintiff came to know that defendant no.2 Bhojraj has illegally transferred the suit site to defendant no.1 on 17/11/1984 by egistered sale-deed. Defendant no.3 Gendabai had given consent for such transaction. The plaintiff submits that the said alienation made by defendant no.2 is illegal and not binding on him as he was minor at the time of alienation. It is contended that the plaintiff and his father Narayandas possessed sufficient income to maintain the plaintiff and therefore there was no necessity for the transfer of the suit site. The said property was sold without any permission of the competent authority. The plaintiff submits that de














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