HARIJAN AMRA GHELA Vs. TIMBAVADI SEVA SAHKARI MANDALI

JUDGEMENT

(1.) THIS appeal under Section 100 of the Code of Civil Procedure is at the instance of the original defendants against whom the original plaintiff had filed Civil Suit No.267 of 1978, seeking recovery of the suit plot.

(2.) CASE of the plaintiffs is that the plaintiff is a registered Co -operative society and was allotted plot on lease for a period of 99 years for the purpose of construction of godown thereon. Such lease was granted to the plaintiff by Timbawadi Gram Panchayat under Resolution dated 30.10.1973. It is further case of the plaintiff that the defendants are having their cabin at the land adjoining to the plot allotted to the plaintiff and they have trespassed upon the plot in question. The suit is therefore, filed to recover possession of the plot allotted to the plaintiff.

(3.) SUIT was resisted by the defendants by filing written statement at Exh.9 denying allotment of the plot in favour of the plaintiff and also denying that the defendants have trespassed upon the plot in question. Defendants have further stated that the suit plot has been in their possession for last more than 15 years and they have been pursuing the Government as also the Panchayat for allotment of the suit plot in their favour. They have further stated that since they are in possession of the suit plot, which is adjacent to their cabin, they have got right of allotment of the said plot by virtue of right of pre -emption.