RAJARAM SOMA MALI AND ANOTHER Vs. KAUTIK MOTIRAM DESHMUKH AND OTHERS

JUDGEMENT

(1.) This appeal raises an interesting question of law as to adverse possession and limitation arising out of a purported exchange of immoveable properties.

(2.) In order to appreciate the rival contentions, it is necessary to refer to some relevant facts. Some time in 1965 the appellants, Rajaram Soma Mali and Hiralal Soma Mali, the original plaintiffs, (and who will hereinafter be referred to as "the plaintiffs") filed a suit, being Regular Civil Suit No. 121 of 1965 against the respondents-defendants for possession of the suit lands, being Survey No. 288/2 of Betawad, Taluka Sindkheda, District Dhulia, admeasuring 2 acres 20 gunthas and for future mesne-profits from the date of the suit and costs of the suit.

(3.) Now, it is the plaintiffs' contention that when they were minors their mother Kasubai, who is defendant No. 5, had as their guardian, exchanged on the 30th of June 1949 the suit land i.e. Survey No. 288/2 for another piece of land measuring 1 acre 11 gunthas, being Survey No. 300/3, also situate at Betawad. According to the plaintiffs, this transaction of exchange was obtained from the plaintiffs' mother Kasubai by the father of defendants Nos. 1 to 4, one Motiram, who by misrepresentation also obtained from the plaintiff's mother Kasubai a Vardi on the 30th of June 1949 in which it is stated that the two lands were being exchanged and that in addition a sum of Rs. 1,000 was paid to Kasubai by the deceased Motiram as part consideration.