owners of the suit property and their possession in
respect thereof is legal. He submitted that the courts
below have completely overlooked the pleadings of the
defendants wherein they have disputed that the property
was ever owned by Babaji Nathu alias Babaji Tulshiram.
From the facts as disclosed from the judgments of the
courts below it reveals that Babaji Tulshiram had sold
the suit property to one Nanaji who, in turn, sold it
to the wife of Babaji Tulshiram vide registered sale
deed dated 21.6.1985 and by virtue of this sale deed
the plaintiffs claim to be the owners of the suit
property. The defendants, though have claimed that
Babaji Tulshiram and Babaji Nathu are two separate
persons, they have not brought any material in support
of this contention. There is nothing on record to even
suggest that a person by name Babaji Nathu exists.
Moreover, the defendants have also failed to produce on
record a copy of the sale deed allegedly executed by
Babaji Nathu in their favour, apart from the fact that
the said sale deed was admittedly not registered. In
my opinion, the findings recorded by the courts below,
are based on evidence on record and deserve no
interference by this Court in this Second Appeal. In
the circumstances, the Second Appeal is dismissed. As
a consequence thereof, the civil application stands
disposed of.
