1 69 sa.453.11 ndm IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE JURISDICTION SECOND APPEAL NO. 453 OF 2011 1. Pandu Dnynu Ramane (deleted). 2. Shamrao Bhau Ramane and others. ... Appellants Versus Shankar Tukaram Sutar and others. ... Respondents ----- Mr. Anand S. Patil for the Appellants. ----- CORAM : A.S.OKA, J. DATE : 21 st November, 2011. P.C. 1 Heard the learned counsel appearing for the Appellants. 2 The Appellants are the original Defendants. The suit filed by the original Plaintiffs has been decreed by granting perpetual injunction restraining the Defendants from interfering with the possession of the Plaintiffs. The decree has been confirmed in the appeal. The learned counsel appearing for the Appellants submitted that the Appellate Court has wrongly put the burden on the Appellants to prove in what manner they came in possession of the suit property. 2 69 sa.453.11 He submitted that in fact, the burden was on the original Plaintiffs to show how the deceased Tukaram Sutar acquired the possession of though he was not the heir or the legal representative of Mr.Sakharam. 3 I have given careful consideration to the submissions. There was an order passed under Section 32 (G) of the Bombay Tenancy and Agricultural Lands Act, 1948 recording that the said Tukaram, predecessor of the Plaintiffs, had refused to purchase the land bearing Survey No.1367/2 admeasuring 1 acre and 10 gunthas and therefore, the purchase was declared as ineffective. However, there was no evidence to show that Tukaram was dispossessed. Both the Courts below have found that the Plaintiffs were in possession. In paragraph No.18 of the judgment of the Appellate Court, the decree for injunction has been clarified by stating that unless the original Plaintiffs are evicted by following due process of law, they are entitled to protect their possession. 4 No substantial question of law arises. 3 69 sa.453.11 5 Subject to what is observed above, the second appeal is dismissed. 6 Civil Application No.1102 of 2011 does not survive and the same is disposed of. [ A.S.OKA, J ]