GOVIND SADASHIV Vs. DATTARAM RAMCHANDRA
LAWS(BOM)-2004-7-216
HIGH COURT OF BOMBAY
Decided on July 29,2004

Govind Sadashiv Appellant
VERSUS
Dattaram Ramchandra Respondents


Referred Judgements :-

INDIRA VS. ARUMUGAM [REFERRED TO]
BALKRISHAN VS. SATYAPRAKASH [REFERRED TO]
KONDA LAKSHMANA BAPUJI VS. GOVERNMENT OF ANDHRA PRADESH [REFERRED TO]


JUDGEMENT

- (1.)THIS is Plaintiffs' Second Appeal.
(2.)THERE is no dispute regarding the suit property. The suit property is known as "Maloli" or "Maloli Bag" which was surveyed under Old Cadastral Survey Nos.4 and 7 and admeasures 1,44,060 sq. metres.
The Plaintiffs claimed that the suit property was surveyed under New Survey Nos. 16/1, 16/2(Part),17/1(Part), 15/11(Part), 18/1, 2, 3, 4 and 8(Part). However, according to the Defendants, the suit property was surveyed only under New Survey Nos. 18/2, 18/3 and 18/4. Both the parties did not at all produce the Survey Plan as per the New Survey, to substantiate their respective claims.

(3.)THE Plaintiffs claimed the said property, having purchased the same vide two Sale Deeds dated 27th December, 1966 and 13th October, 1967 from its previous owners namely Vassudev Dotu Boto Zoixi and Pandurang Janardan Doto Gadgil, respectively. The Plaintiffs claimed that the said owners had enjoyed the suit property prior to the sale continuously, publicly and uninterruptedly for over 30 years which possession had the effect of consolidating the right of ownership by prescription in the Plaintiffs.


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