JUDGMENT.

1. This appeal is preferred against the Judgment and decree passed by learned District Judge-10, Nagpur in Regular Civil Appeal No. 409 of 2007, dated 25.06.2019. The said first appeal was preferred against the Judgment and decree passed by learned Joint Civil Judge, Senior Division, Nagpur in Special Civil Suit No.126 of 2006 dated 02.05.2007.

2. Brief facts of the plaintiffs case are as under :

(i) The plot No.21 in Block No. Q, total area admeasuring 8000 sq.fts. (743.21 sq.mtrs.), situated at Scientific Co-operative Housing Society Limited, Nagpur which is portion out of the Khasra Nos. 4/1, 4/2, 7/2, 25, 26/1, 1-4 of Mouza Ajni City, Survey No.359, Sheet No.34 having Municipal Corporation house No.321, situated at Laxmi Nagar, Ward No.75, is the suit property.

(ii) The suit property was purchased by Late Kashinath Subhedar in the name of his wife Sushila Kashinath Subhedar by sale-deed dated 09.08.1962. A house was constructed on some part of it. The plaintiffs are residing in it. Sunil, Anil, Subhash and Nishikant are the sons of late Kashinath and late Sushilabai. They were residing jointly there. Kashinath died on 09.11.1987 and Sushilabai died on 15.12.2001. They exe