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2022 Supreme(Bom) 194

MANGESH S. PATIL
Laxman S/o. Ramshashtri Lonikar (Died) through LRs. – Appellant
Versus
Laxmansingh S/o. Rampratapsingh Hazari (Dead) through his LRs. – Respondent


Advocates:
Advocate Appeared:
For the Appellant :Mr. V.J. Dixit, Sr. Advocate i/b. Mr. S.V. Dixit, Advocate
For the Respondent:Mr. P.P. Dama, Advocate, Mr. Subhash Laxmansingh Hazari, Mr. Shrikant Kulkarni, Advocate, Mr. S.W. Munde, AGP

JUDGMENT :

This is a second appeal by the original plaintiffs who have failed to obtain a decree for declaration of they being the owners of the suit property and for possession based on title with consequential relief of their entitlement to claim the periodical income derived by way of leasing out of the suit property by the revenue officials during the period it was in their control and power in view of section 145 of the Code of Criminal Procedure. They also claimed a declaration that the decisions rendered by the courts in earlier rounds of litigation between the parties are null and void.

2. Shorn of verbiage, the dispute can be encompassed as follows :

    (a) The predecessor of the appellants by name Ramshashtri was a pattedar of the suit property. It was a watan land. Since abolition of watan, it was re-granted to him and he became the owner in possession of the suit property. After his demise, they continued to occupy the suit property as its owners till the year 1975-1976. It was averred that the widow of the original owner - Sitabai was in need of money and by way of an oral mortgage she raised an amount of Rs.3,000/- from Rampratapsingh - the predecessor of the respondents. N

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