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2012 Supreme(Bom) 459

S.S.SHINDE
Bhimrao s/o. Kondiba Bhosale – Appellant
Versus
Ankush s/o. Rangnath Khadke – Respondent


Judgment:

1. This second appeal is directed against the final judgment and order of the district court, beed, in regular civil appeal no. 84 of 1997 dated 19.04.2010, thereby confirming the judgment and order of the learned civil judge, senior division, beed, in r.c.s. nO. 172 of 1990.

2. The background facts of the case are as under :

3. The suit land s. nO. 66/aa/2 (new g.nO.230) of khadkighat, taluka and district beed was originally owned by one keshav narayan deshmukh. It was being cultivated by one rangnath namdeo khadke, the father of plaintiff no.1 and 2 and husband of plaintiff no.3. According to the plaintiff, rangnath was tenant of the said land and became protected tenant and certificate was issued in his name accordingly by the revenue authorities, whereas the contention in this regard from defendants side is that, rangnath exchanged his land with keshav narayan deshmukh and as such became owner of the land. rAngnath was having two wives namely kalabai who died in 1980 and second wife parvatibai @ parubai. Plaintiff nos.1 and 2 are sons of parvtibai @ parubai and said parvatibai is also plaintiff no.3 in the suit. Defendant no.1 bhimrao kondiba bhosale is the founder an

































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