MATADIN SURAJMAL RAJORIA (DECEASED) THROUGH SOLE LEGATEE LALITA SATYANARAYAN KHANDELAWAL Vs. RAMDWAR MAHAVIR PANDE (DEAD) THR. LRS. & ORS.

JUDGEMENT

(1.) Heard Mr. S. Niranjan Reddy, learned senior counsel for the appellant. The respondents(defendants) are represented by Mr. V.K. Shukla, learned senior counsel.

(2.) Leave granted. The appellant now (represented by his daughter) filed the Civil Suit No.332/2003 alleging encroachment by the two defendants namely Ramdwar Mahavir Pande and Sudamadevi Pande. The plaintiff 's contention in the Suit was that on 28.12.1995, he had purchased land (measuring 1 Hectre 62 Acres) from Survey No.25 within the municipal limits of Amravati, for consideration of Rs.2,10,000/. The sale deed (Exhibit 47) was executed through the plaintiff 's registered Power of Attorney holder and it was specified therein that a portion of the purchased land is encroached by Radhwar Pande and Sudamadevi Pande. According to the plaintiff, he measured his land on 23.11.2002 and learnt that the defendant no.1 had committed encroachment to the extent of 35 R from the Southern side while the defendant no.2 (related to the defendant no.1), had encroached about 3 R land from the same Southern side of his land. Both defendants were asked to remove their encroachment by the plaintiff and his daughter but the defendants did not budge. Accordingly, the Suit came to be filed for declaration, injunction and possession.

(3.) In the written statement, the defendant no.1 claimed title over his occupied area on the basis of sale deed dated 17.04.1969(Exbt. 66) executed by one Vitthalrao Nanwatkar. Likewise, the defendant no.2 claimed title over her occupied area, on the strength of the sale deed dated 02.11.1977(Art.A), executed by one Shantabai Jaiswal. The defendants additionally contended that, M/s Edulji Dotimal Ginning and Pressing Factory Ltd. earlier filed the Civil Suit No.413 of 1979 against the defendant no.1 Ramdwar Mahavir Pande for removal of alleged encroachment to the extent of 7798 square feet. But the said Suit by M/s Edulji Dotimal was dismissed and the defendants continued in uninterrupted possession.