SAINATH MANDIR TRUST Vs. VIJAYA

JUDGEMENT

(1.) THE appellant Is the original defendant. No. 1, the respondent Nos. 1 to 7 are the original plaintiffs and the respondent No. 8 is the original defendant No. 2 (for the sake of convenience, the parties will be referred to as "plaintiffs" and "defendant Nos, 1 and 2")FACTS

(2.) THE plaintiffs, Vithalrao Motiramji Mandale, had filed the suit for possession and damages against the defendant No. 1 Trust and defendant no. 2 Vasant Mahadeorao Fartode. The case of the plaintiff, in brief, is that plot No. 57 was owned by defendant No. 2 Vasant Mahadeorao Fartode and it was carved out of Survey No. 33 and converted into a plot. The plaintiff intended to purchase the said plot and, therefore, he published a Notice fn daily "matrubhumi" dated 2. 10. 1982 inviting objections in respect of the said plot and since no objections were received, he purchased it from defendant No. 2 by a registered sale deed dated 14. 10. 1982 for a total consideration of Rs. 17,000/ -. On execution of the sale deed, the plaintiff was put in possession of the suit field. The case of the plaintiff is that when he wanted to put a fence around the said plot and had started the fencing work on 4. 12. 1982, after couple of days, when he went to complete the work of fencing, he found that there was a board which was put up on the said plot, on which it was mentioned that the defendant No. 2 had given the said plot to the Trust. The plaintiff issued a notice to the defendant No. 1 on 7. 12. 1982 asking the Trust to remove the board and fencing from the plot. However, the defendant No. 1 gave a reply on 23. 12. 1982 and alleged that they were the owners of the said plot. The plaintiff, therefore, filed the suit for possession.

(3.) THE defendant No, 1 filed its written statement and it was contended that the defendant No. 2 had donated the said plot to defendant No. 1 by virtue of gift-deed dated 31. 1. 1974 and as such, after 31. 1. 1974 defendant no. 2 was divested of the title. The Trial Court framed issues and the suit was partly decreed. The plaintiffs claim for recovery of possession of the suit plot was dismissed. However, the defendant No. 2 was directed to return the amount of Rs. 17. 500/- to the plaintiff with costs alongwith future interest at the rate of Rs. 10/- per cent per annum.