-1- IN IN IN THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL CIVIL CIVIL APPELLATE JURISDICTION APPELLATE JURISDICTION APPELLATE JURISDICTION SECOND SECOND SECOND APPEAL NO.934 OF 2007 APPEAL NO.934 OF 2007 APPEAL NO.934 OF 2007 Krishna Pandurang Kumbhar ...Appellant vs. Yashwant Tatoba Kumbhar & Ors. ...Respondents Mr.R.S.Apte with Mr.Girish Paryani for the Appellant CORAM: CORAM: CORAM: A.S.OKA, J. A.S.OKA, J. A.S.OKA, J. DATE DATE DATE : FEBRUARY 25, 2008 : FEBRUARY 25, 2008 : FEBRUARY 25, 2008 P.C.: P.C.: P.C.: 1. Heard Advocate for the Appellant. The Appellant is the original plaintiff. The suit filed by the Appellant-plaintiff for possession on the basis of the title has been dismissed by the trial court and the decree has been confirmed in the Appeal. The submission of the learned Advocate appearing for the Appellant is that the Respondents have not denied that the suit property is an ancestral property and that there was a mortgage executed in the year 1920 in favour of Dayanu Patil and Bhau Patil. His submission is that Rama i.e. predecessor of the first Respondent had no heirs. 2. Both the courts below and especially the Appellate Court has held that the suit property was an inam land which was regranted in the name of Banubai. The finding of fact is that the regrant in favour of Banubai is not challenged by the Appellant-plaintiff. The Appellant for the first time in evidence came out with case that Banubai was not the daughter -2- of Rama but she was a daughter of Rama’s wife Dhondibai from her previous husband. The said case has been rightly discarded by the Appellate court as there was no pleading to that effect. The suit filed by the Appellant-plaintiff proceeds on the footing that he is the exclusive owner of the property. He has not established his right, title or interest over the suit property. Considering the concurrent findings of fact recorded by the courts below, no substantial question of law arises. Second Appeal is dismissed with no order as to costs. JUDGE JUDGE JUDGE