- (1.) Special Civil Suit No. 1853 of 1996 filed by the appellant-plaintiff for declaration that she has become owner of the suit property on the basis of the registered sale deed dated 28.04.1972 and for possession of the suit property was dismissed by the trial Court by its judgment and order dated 04.01.2010. Civil Appeal No. 83 of 2010 preferred by the plaintiff was also dismissed by the lower Appellate Court on 15.10.2012. The plaintiff is, therefore, before this Court as appellant against the concurrent findings of fact.
(2.) The question before the courts below was whether the appellant has established her title over the suit property on the basis of registered sale deed dated 28.04.1972 at Exh. 51. Undisputedly, it was executed by the owner of the property, one Ghanshyam Zunzarrao. The respondents are the defendants in the said suit and raised the defence that in terms of decision of this Court in Second Appeal No. 66 of 1978, decided on 06.08.1984, they have deposited an amount of Rs.4,000/- towards the sale consideration said to have been paid by the plaintiff to the original owner Ghanshyam Zunzarrao. The defence of ownership was, therefore, raised on the basis of the decision of this Court.
(3.) The facts in the background are as under- Rambharose Katiar and Ramdulare Katiar were two real brothers. The appellant in the present case Smt. Mirabai Ramasare Pardeshi is the daughter-in-law of Ramdulare. The respondent No.1 Smt. Ramkali Rambharose Katiar is the wife of Rambharose, the younger brother. The respondents claimed to be tenants of the original landlord Shri Ghanshyam Zunzarrao and alleged that Ramdulare the father-in-law of the appellant was inducted in the suit premises, which is Room No. 31 as her agent or trustee. According to the respondents, the husband of the appellant and her father-in-law started asserting the right as tenants in respect of the suit property. As a result, Regular Civil Suit No. 190 of 1969 was filed by the respondent Smt. Ramkali Rambharose Katiar. In the said civil suit, the husband of the present appellant and her father-inlaw were joined as defendants, but the present appellant Smt. Mirabai was not a party to the said suit. The dispute involved in the said case was regarding status of the plaintiff and the defendants therein in the suit property as tenant. The ultimate adjudication has reached the finality in Second Appeal No. 66 of 1978, decided on 06.08.1984. As per this adjudication, the husband of the present appellant and her father-in-law were occupying the suit premises as constructive trustees of the respondent No.1 Smt. Ramkali.;