DAMODAR MOHAN GAONKAR Vs. GOVIND BABOSO POPKAR

JUDGEMENT

(1.) HEARD Mr. Bhobe, learned counsel for the petitioner and Mr. Usgaonkar, learned Counsel appointed under Legal Aid Scheme for respondent no.1. None appears for respondent no.2, though served.

(2.) RULE. By consent, heard forthwith.

(3.) PERUSAL of the record discloses that the petitioner herein had purchased a plot admeasuring 202 sq.metres from respondent no.2 by sale deed dated 2/8/2001 and subsequently the respondent no.1 had also purchased an area admeasuring 875 sq.metres from defendant no.2. It appears that the area of 875 sq.mts. included the area of 202 sq.mtrs which was already sold by sale deed dated 2/8/2001. The defendant no.1 has taken a defence that the plot purchased by him was a different property.