1 sa415 ssp IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELATE JURISDICTION SECOND APPEAL NO.415 OF 2011 Pandurang Baburao Powar & Anr. ...Appellants vs. Saraswati Narhari Salokhe (since deceased through her L.Rs) ...Respondents Mr.V.S.Kapse for the appellants None for the respondents CORAM : A.S.OKA,J. DATE : NOVEMBER 14, 2011 P.C.: 1 Heard learned counsel for the appellants- original plaintiffs. The suit filed by the original plaintiff for possession and mesne profits on the basis of the title has been dismissed by the Trial Court and the decree has been confirmed in appeal. The learned counsel for the appellants submitted that the title of the appellants was never disputed by the respondent and the property register card proves the title of the appellants on the basis of gift deed executed by the paternal grand mother of the appellants in their favour. He submitted that the respondent has failed to prove the title pleaded by him and in fact his plea was of adverse possession. 2 I have carefully considered the submissions. Perusal of the written statement shows that the title of the appellants was specifically disputed by 2 sa415 the respondent. The case made out by the appellants was that they became owners of the suit property by virtue of gift deed executed by one Kamlabai who was their paternal grand mother. Though the original gift deed was admittedly in the custody of the uncle of the appellants, the same was not produced. The gift deed was the document of title on which the suit was founded. The property register card produced by the appellants is not the document of title. The Appellate Court was justified in drawing an adverse inference against the appellants for withholding the basic document of title. 3 No substantial question of law arises. Second Appeal is dismissed with no order as to costs. JUDGE