RAMABAI Vs. PURU

JUDGEMENT

(1.) This writ petition is filed challenging the order dated 12.03.2021 passed by the Additional Senior Civil Judge and JMFC, Sindagi in O.S.No.220/2007.

(2.) The plaintiff filed suit in O.S.No.220/2017 for declaration and injunction in respect of the land bearing Sy.No.513/1 of Kokatnoor village Tq: Sindagi measuring 11 acres 09 guntas. The defendants contested the suit and claimed that they had purchased the land measuring 19 acres 09 guntas in Sy.No.513 lying on the eastern side in the year 1996. The Trial Court framed issues and thereafter set down the case for trial. After conclusion of the trial, an application for appointment of a court commissioner has filed and the Assistant Director of Land Records was appointed for local inspection of the suit property and measure the property of the plaintiffs and defendants, as per their respective sale deeds. However, the report of the court commissioner did not correspond to the measurement and boundaries mentioned in the sale deed of plaintiff and defendants. Therefore, the Trial Court appointed a private surveyor to measure the land of the plaintiffs and defendants as per their respective sale deeds. The private surveyor found that the plaintiffs have encroached an area measuring 1 acre 10 guntas out of 11 acres 9 guntas owned by the defendants. The trial Court also noticed that the private surveyor had submitted a PT sheet and the same was marked as Ex.P17. The defendants therefore contended that the plaintiffs had encroached into an area measuring 1 acre 10 guntas in Sy.No.513/2 which belonged to the defendants and therefore filed an application for amendment to introduce counter claim for recovery of possession of 1 acre 10 guntas that was the encroached portion.

(3.) The trial Court considered the case of the defendants and having regard to the fact that the encroachment was found subsequent to the conclusion of the trial, held that the counter claim has to be permitted in the interest of justice and equity.