R. C. Lahoti, J. -
(1.)The plaintiff, who has lost in a suit for declaration of title and issuance of preventive injunction, in the alternative for recovery of possession, from the Courts below as also the High Court, has filed this petition seeking special leave to file appeal.
(3.)The suit property is situated at Shaniwar Peth, Satara in the State of Maharashtra. It bears C. T. S. No. 876 and admeasures 218 sq. meters. It is not disputed between the parties that the suit property was initially owned by late Bhagubai who expired on 24th September, 1963. According to the plaintiff, late Bhagubai executed a registered deed of Will on 22nd September, 1963 in favour of Chingubai, who is none else than her own sister's daughter. Having inherited the property under the Will of Bhagubai, Chingubai transferred her title and possession to the plaintiff under a registered deed of sale dated 24th September, 1976 for a consideration of Rs. 5,000/-. The suit was filed some time in the year 1976 itself alleging that defendant was threatening to dispossess the plaintiff and was claiming title in herself. The defendant, in her written statement, submitted that the property had come to vest in one Babu Kanha Mali who had orally gifted the same to the defendant 35 or 40 years prior to the institution of the suit and therefore the title in the suit property vested in her. A plea of plaintiff's title having been extinguished and the same having vested in the defendant by adverse possession was also raised in the written statement. The trial Court found the Will dated 22nd September, 1963 not proved, and so the plaintiff having not acquired any title under the sale deed executed by Chingubai in his favour, and therefore, directed the suit to be dismissed.