VENUBAI ANANTRAO Vs. PRABHABAI GOVINDRAO JAMKAR

JUDGEMENT

(1.) This Civil Revision Application by the original plaintiff is directed against the judgment and order recorded by the learned Extra Assistant Judge, Nanded in Miscellaneous Civil Appeal No, 17 of 1982 decided on 26th April, 1983.

(2.) The Petitioner-plaintiff filed Regular Civil Suit No. 223 of 1981 in the Court of the Civil Judge, Junior Division, Nanded, against the Respondents-defendants for declaration of ownership and possession of field Survey No. 34 admeasuring 14 acres 27 gunthas situated at village Assadullabad, District Nanded and for propetual injunction. In the said suit, the plaintiff. had filed an application for temporary injunction under Order XXXIX, Rules 1 and 2, Code of Civil Procedure (hereinafter referred to as "the Code"), restraining the defendants from obstructing her possession over the said field. That application was contested by the defendants and after hearing both parties and on considering the material on record, the learned Second Joint Civil Judge, Junior Division, Nanded rejected the plaintiff's application (Exh. No. 5) vide order dated 24-4-1981.

(3.) The case of the plaintiff in the lower Court was that she was the owner of the field in question on the strength of the sale deed, which was executed by one Govindrao, husband of defendant No. 1, in the name of his wife and in lieu of her share in the land, she claimed to have been placed in possession of the suit field in the year 1969 and since then she had been in possession thereof. Defendant No. 1 claimed to be the owner of the suit field by virtue of the registered sale deed dated 7-9-1970 which is said to be a benami transaction by the plaintiff. She claimed to be in possession of the suit land in the year 1980, she sold some plots out of that field in favour of defendants Nos. 2 to 5.