Sa 581.10 1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION SECOND APPEAL NO.581/2010 Pandit R.Kamble Appellant Vs. Kankar M.Tarte Respondent Mr.Prashant Bhavake for Appellant CORAM-G.S.GODBOLE,J. DATE-28TH SEPTEMBER,2011 P.C. Heard Mr.Bhavake. The Original Defendant in R.C.S.No.390/2003 has filed the Second Appeal. That suit was decreed on 28/4/2006 by the learned C.J.J.D.Kolhapur, as the Plaintiff was held to be the owner of the suit house and the defendant was unable to show any right of residence of the suit house. The plea of the Defendant that, his grand mother Akkubai who was the sister of the plaintiff and the daughter of Masu Tarte who died on 4/2/1957 was the co-owner, was rejected essentially on the ground that she had married prior to 1956 and though she may have any right, such right was never claimed on the tillers day by her or by her sons Dinkar and Sa 581.10 2 Rangrao. Father of the Appellant, Rangrao, was not examined. Alternative plea of ownership by adverse possession was also rejected. This decree has been confirmed by the impugned order 27/7/2009 passed by the District Judge-3, Kolhapur by dismissing R.C.A.No. 171/2006. Considering the limited nature of the controversy, assuming that the grand mother of the Appellant, Akkubai, may have any right; u/s 14 of the Hindu Succession Act, 1956, she would become an absolute owner and after her death in 1995, the ownership would devolve on the father of the Appellant and other heirs of Akkubai and even in that situation the Appellant will not have any title to the suit property. Question as to whether the father of the Appellant had any right is a different aspect. In the aforesaid context and in view of the Judgments of the Trial Court and the Appellate Court, the concurrent findings of fact holding that the Appellant does not have any ownership nor he is able to prove his plea of ownership by adverse possession cannot be faulted. Therefore, the concurrent findings of fact warrant no interference. No question of law arises. The Appeal is dismissed. G.S.GODBOLE,J.