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2023 Supreme(Bom) 57

M. S. JAWALKAR
Sau. Manorama W/o. Sitaramji Bondarkar – Appellant
Versus
Marotrao Tanba Bondharkar – Respondent


Advocates Appeared:
For the Appellants : Shri R.G. Kavimandan.
For the Respondents: Shri P.D. Sharma, Ms. Anushree Pande.

JUDGMENT :

Heard learned Counsel for the appellants and learned Counsel for the respondents.

2. The present appeal is filed being aggrieved by the judgment and decree dated 18/01/2003 passed by the learned Joint District Judge, Amravati in Regular Civil Appeal No.109/2000 confirming the judgment and decree dated 22/03/2000 passed in Regular Civil Suit No.82/1998 by the learned Joint Civil Judge, Junior Division, Morshi.

3. The brief of the appellants case is as under :

The father-in-law of the appellant No.1/original plaintiff No.1 namely Januji Babuji Bondarkar was cultivating the field Survey No.21 of Shri. Eknath Dinkar Chandurkar from 1950-1951 as a tenant of the said field. Accordingly, certificate of purchase issued to this effect on 21/03/1994 and registered sale-deed was executed by the Tahsildar on 22/03/1994. The father-in-law of the appellant No.1 got the absolute ownership and title of the suit field. But after death of Januji, his son namely Sitaram Januji Bondharkar being a legal representative got the title and possession of the suit field. Sitaram effected a family partition on 21/08/1997 and transferred the title and possession of the suit field in favour of the appell

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