CHATUR KHANDU PATIL Vs. SOMAJI CHHAGAN PATIL
HIGH COURT OF BOMBAY
Chatur Khandu Patil
Somaji Chhagan Patil
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Sangitrao S. Patil, J. -
(1.) The appellants, who are the legal heirs of the original plaintiff namely, Khandu Madan Patil have preferred this Second Appeal against the judgment and decree dated 22.01.1986 passed in Civil Appeal No.5 of 1983, whereby the judgment and decree dated 18.12.1982 passed in R.C.S. No.69 of 1980 by the learned Civil Judge, Junior Division, Taloda, directing the respondent to deliver possession of the suit property to the deceased Khandu, came be set aside.
(2.) The deceased Khandu filed the abovenumbered suit claiming possession over the suit property i.e. two galas out of House no.253 of village Mohide, Tq. Shahada, Dist. Dhule, on the ground that it was let out to the respondent on monthly rent of Rs.16.50 Ps. with effect from 01.01.1973. The suit was resisted by the respondent mainly on the ground that the suit property was never let out to him by the deceased Khandu and on the contrary, the suit property was in possession of the respondent and his father since more than 35 to 40 years prior to filing of the suit. Therefore, the suit for recovery of possession, being not within limitation, was liable to be dismissed.
(3.) The trial Court decreed the suit holding that the suit property was let out by the deceased Khandu to the respondent. The trial Court further held that the suit is within limitation in view of Article 65 of the Limitation Act, 1963 ("the Act of 1963", for short);
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