1 FARAD CONTINUATION SHEET NO. IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD 5. SA/1608/2004 With CA/11623/2004 _______________________________________________________________ Office Notes, Office } Memoranda of Coram, } Court's or Judge's orders appearances, Court's } orders or directions } and Registrar's orders } ___________________________}___________________________________ Shri N. B. SURYAWANSHI, Advocate for appellant. Shri M.H. PATIL, Advocate for respondents no. 1 to 4. [CORAM : K.U. CHANDIWAL, J. ] Date : 31st March, 2010. PER COURT : 1 Heard both the counsel. Decree against the defendant to deliver vacant possession of the suit premises recorded by Civil Judge (Jr. Division), Sakhari dated 04/10/2000, was taken before the first appellate court being R.C.A. No. 137/2000 and the learned II Adhoc Additional District Judge, Dhule by his 2 judgment dated 21/06/2004 confirmed decree under challenge in R.C.S. No. 13/1999 and hence, second appeal by the aggrieved defendant. 2 Mr. Kulkarni for appellant argued, the substantial question of law in the matter is, when the Court could hold possession of the defendant based on agreement of sale and declining that there was no animus to the owner, thereby hostility was refused, amounts to existence of agreement of sale and hence, the substantial question. 3 On analyzing legal position and the evidence, I find before the court, there was no agreement of sale to indicate the nature and status of possession hold by the defendant. The hostility of the title that has been set up indicating animus is not at all established. It could not be inferred that the so called possession of the defendant was continuous, uninterrupted and development in the 3 property was carried by the appellant to the knowledge of the owner of the property. The courts rightly did not accept the oral evidence concerning agreement of sale. 4 In the result, no substantial question of law could be formulated. Second appeal dismissed. No cost. C.A. dismissed. [K.U. CHANDIWAL, J.] tsk/sa1608.04