JUDGEMENT
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(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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