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2019 Supreme(Bom) 2218

S.C.GUPTE
Balasaheb Govind Basugade – Appellant
Versus
Rajendra Shivaji Kumthekar – Respondent


Advocates Appeared:
V.G. Rajure, Advocate, Nikhil N Pawar, Advocate, Kuldeep U Nikam, Advocate

JUDGMENT

S C Gupte, J. - Heard learned Counsel for the parties.

2. This Second Appeal challenges concurrent judgments and decrees passed by the courts below on a suit filed by Respondent No.1 herein (original plaintiff) against the Appellant (original defendant No.1) and others. The Plaintiff''s suit was for possession based on his title. It was the Plaintiff''s case that land including the suit property, which was originally owned by Shidappa Mahaling Mahajan, was purchased by the Plaintiff''s grandfather, Rama Bhau Kumathekar (since deceased), for valuable consideration and under a registered sale deed. After sale of a share to one Laxman Bhau Basugade by a registered sale deed, remaining land with deceased Rama, which is the suit property, was renumbered as CST No.1429-A, whilst the share sold to Laxman was allotted CTS No.1429-B. The suit property, being CTS No.1429-A, was in possession of Rama. Rama was in police department and living in another village for his service. One Govind Martanda Basugade, who was the brother-in-law of deceased Rama, who was in need of a house, approached Rama and on his request, the latter put the former in permissive possession of the suit property.

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