SHANKAR SIDDUBA D Vs. RATNA BAI
SUPREME COURT OF INDIA
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(2.)Respondent-ratna Bai filed a suit in respect of the land bearing R. S. No. 1184/1a situated at B. Bagewadi village claiming that her husband died on 17.6.1976; that, she is the sole heir of her husband, that, her name had been entered in the relevant records in respect of the suit land; that, even after the death of her husband, she had been cultivating the suit land and the appellants without having any right, title or interest over the suit land were obstructing her peaceful possession and enjoyment of the land in question; that, she sought for permanent injunction against the appellants from interfering with her possession and enjoyment of the land in question. The appellants who were defendants in the said suit pleaded that the land was in their possession throughout and the claim that the respondent has been in possession of the land is false; that, even her status as wife of her deceased husband was denied.
(3.)On the basis of the pleadings raised, the following issues were raised in the suit;
1. Whether plaintiff proves that she is in lawful possession and enjoyment of the suit land as sole heir of deceased Mallari, on the date of the suit 1a. Whether defendant no. 1 proves that he has become owner of the suit land by way of adverse possession as pleaded in para 6 of the written statement 2. Whether defendant proves that the plaintiff was legally divorced by deceased Mallari suryavanshi 3. Whether plaintiff proves obstruction by the defendants 4. Is plaintiff entitled to the injunction sought the trial court recorded the findings as follows:
1. Negative 1a) Does not arise as defendant no. 1 has been held to be in possession of the suit land on the date of suit for the reasons mentioned in the answer to issue no. 1.2) Affirmative. 3) Negative 4) Negative on this basis the trial court dismissed the suit.
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