1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION A.O.NO. 605/2008 Indira Shivajirao Patil Appellant Vs Sajid Hasan Mushrif & ors. Respondents Mr.Rahul P.Walekar for the appellant Mr.Y.S.Jahagirdar,Sr.Counsel i/b Mr.S.S.Patwardhan for Res.1 to 3 CORAM: S.J.VAZIFDAR,J. DATE : 12th December,2008 P.C. It is difficult to accept the plaintiff's/appellant's case even on the facts. The plaintiff claims a right in respect of the suit property on the basis of an alleged sale deed dated 21st March,1996. Prima facie the sale deed appears to be unreliable for more than one reason. Firstly, it is pertinent to note that the sale deed has been executed by the constituted attorney of defendant nos.2 and 3 in favour of his mother. Secondly there is absolutely no evidence to indicate what the plaintiff did for eight years after the execution of the alleged sale deed . Thirdly there is nothing to indicate the plaintiff's possession of the suit property since 1996 .The revenue record of the year 2006 produced by themselves would not be of any assistance to the plaintiff. The alleged mortgage by the plaintiff of the suit land with the bank has not been established. The documents in that respect have not even been produced. The plaintiff has not even proved the payment in respect of the alleged sale deed. The payments are 2 alleged to have been made in cash . In the circumstances the allegations of the defendants/ respondents regarding the fraudulent manner of the execution of the conveyance appear to be correct. In the circumstances the A.O.is dismissed. The Civil application is also accordingly dismissed.