A registered sale deed establishes title to property, which cannot be extinguished by the absence of a mutation entry; adverse possession must be adequately pleaded and proven.

ORAL JUDGEMENT:

1. Heard learned counsel for the parties.

2. The plaintiff, in Regular Civil Suit No.272 of 1993, had filed said suit against B defendants for possession of the suit land. The trial Court, after considering the evidence led on behalf of the parties, dismissed the suit by its judgment and order passed on 22nd December, 1995. This judgment and decree, passed by the trial Court, was challenged by filing Regular Civil Appeal No.78 of 1996 under section 96 read with Order 41 of the Code of Civil Procedure (the Code, for short). The first Appellate Court, after hearing the parties, dismissed the appeal by the u judgment and decree passed on 25th February, 2005. This judgment and decree is challenged by the aggrieved plaintiff, by filing the present second appeal.

3. At the out set, it is to be noted that this appeal was listed for admission before this Court on 18th July, 200i5. After hearing learned counsel for the parties, this Court has admitted the appeal. Both the learned counsel fairly concedes that at the time of admission of this second appeal, no ground, set out in the memo of second appeal, was accepted by this Court to be the ground/s involving substantial question of law, neither substantial question of law was formulated, by this Court. It is in this premise, I have heard o the learned counsel appearing for the parties. Advocate for the Appellants has filed additional grounds with a contention that these grounds are involving substantial questions of law. These grounds are taken on record, copy of which is served to the learned counsel appearing for the Respondents. These are Ground Nos.I to IV. Liberty was granted in favour of the Appellants to amend the memo of second appeal. Said amendment is accordingly carried out by the Appellants. Out of these four grounds, after hearing the learned counsel for the parties, I am accepting Ground Nos.I and III as grounds involving substantial questions of law. These grounds are reproduced herein below:

"I. Whether the title of transferee by way of registered sale deed can be deemed to be extinguished merely because mutation entry in favour of transferee is not recorded despite of Section 154 and Rule 11 of Maharashtra Land Revenue Code casts duty upon the revenue authority?

"III. Consideration of possession of father who himself is a witness to the registered sale deed in favour of married daughter, be taken as hostile when the o father himself or subsequently brothers of a married daughter do neither denied the title of married daughter nor make their claim hostile to the true owner?

. I have accepted these two grounds involving substantial question of law. I heard the learned counsel for the parties at length.

4. Since the plaintiff is the Appellant in this second appeal, parties are referred to their status as plaintiff and defendants in this second u appeal.

5. The record and proceeding is available. Both the learned counsel have referred to record and proceedings, while addressing the Court. The pleading in civil suit is important. The parties to the civil litigation are expected to plead material facts before the Court. First opportunity is available to the plaintiff/s approaching to the civil Court. The grievance of the plaintiff/s in the form of material facts is expected to be pleaded in the plaint itself. On issuance of the summons, the defendant/s, in fact, is/ are called upon to meet the pleading of the plaintiff/s and apart from response to that pleading, is/ are expected to plead his/ their own case. Word "pleading" is defined under Order VI Rule 1 of the Code. In relation to plaintiff/s, plaint is the pleading and written statement is the pleading in relation to the defendant/s. This pleading is important from two more view points. The Court, at the first instance i.e. the trial Court has to frame issues under order XIV of the Code while considering the rival pleadings of the parties. The trial Court, thus, has to find out the issues on which parties are