JUDGMENT:- By this appeal the appellants have challenged judgment and order dated 14th September, 1993 passed by 4th Additional District Judge, Nagpur in Regular Civil Appeal No.340/1990, whereby the appeal by the original plaintiff was partly allowed and after setting aside judgment and decree dated 23-10-1990, passed by Second Joint Civil Judge Jr. Dn., Nagpur, the first Appellate Court declared that the appellant (plaintiff) is exclusive owner of the suit plot purchased by him pursuant to sale deed (Ex.23) in the suit. However, the first appellate Court declined to grant relief of possession in favour of the plaintiff in respect of three rooms occupied by respondent Andrew @ Jairon S/o. Bennadick D'Souza.

2. The conspectus of the facts can best be narrated as under:

The plaintiff had filed Regular Civil Suit No.599 of 1987 in the Court of Second Joint Civil Judge Senior Division, Nagpur claiming that the plaintiff is owner of the suit plot having purchased it under registered sale deed dated 10-03-1980. According to the plaintiff, defendant Andrew had retired from service and, therefore, the plaintiff had allowed him to occupy portion of house belonging to the plaintiff. The plain

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