SHIVAJI NARAYAN DESAI Vs. AMRUT VITHOBA BHARANKAR

JUDGEMENT

(1.) This is an unsuccessful plaintiffs Regular Second Appeal against the judgment and decree dated 16.12.2013 made in R.A. No. 303/2008 on the file of the Civil Judge (Sr.Dn.) Khanapur, confirming the judgment and decree dated 6.10.2007 made in O.S. No. 14/2007 on the file of the Civil Judge (Jr.Dn.), Khanapur, dismissing the suit for permanent injunction.

(2.) It is the case of the plaintiff that the suit land was cultivating by the father of the plaintiff, whose name was appearing as tenant and after his death, the plaintiff was continued in possession and enjoyment of the same. It is the further case of the plaintiff that the Land Tribunal, Khanapur conferred occupancy rights in favour of the plaintiff to an extent of 8 acres in the suit land. However, the plaintiff and his brother continued to cultivate the suit land in its entirety and are in possession and enjoyment of the same till today. The name of the plaintiff has been appearing in the revenue records as owner and cultivator to the entire extent till recently and the plaintiff is in possession, wahiwhat and enjoyment of the suit land and he grows the crops like paddy in rainy season and chillies in summer season. One Sri Mukundrao Nagojirao Sirdesai was the landlord of the suit land. The defendant has no manner of right title or interest over the suit land, with an intention to grab the suit property and to dispossess the plaintiff from the suit land is trying to disturb the peaceful possession, enjoyment and cultivation of the same etc. Therefore, he filed the suit. The defendant appeared through his counsel, but he did not file the written statement.

(3.) Based on the pleadings the Trial Court framed the following issues: - -