This second appeal challenges the judgment and decree dated 15/12/2009 passed by the learned Principal District Judge, Amravati in regular civil appeal No. 181 of 2006, whereby the appeal preferred by the appellant challenging the judgment and decree dated 12/9/2006 passed by the Civil Judge, Senior Division, Morshi came to be dismissed.

2. The appellant filed a suit for declaration and permanent injunction on the ground that the property bearing Survey No.191 3-A ad measuring O.87 R., Survey No. 10013 area 4.48 H.R. and property Survey No.24/1-A having an area of O.81 R. is in continuous possession of the appellant and before him by their predecessor namely his father from 1974 and their possession was without any obstruction and to the full knowledge of the respondent. It was his case that the sale deeds executed in the name of deceased Alishanbi was nominal and possession of the suit property was not handed over to her by her brothers Mohd. Hanif and Mohd. Raja. The said Alishanbi is the mother of the respondent and she had executed a gift deed in her favour in respect of the suit property. The suit was filed by the respondent against the deceased father and uncle of t