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.) LEARNED Trial Judge on appreciation of evidence found that Timbawadi Gram Panchayat leased out the suit plot to the plaintiff for a period of 99 years by its resolution dated 30.10.1973 and the defendants have got no right to the suit plot. Learned Trial Judge further recorded that defendants have encroached upon the leased land after possession of it was handed over to the plaintiff by the Panchayat. Learned Trial Judge thus allowed the suit and ordered the defendants to handover possession of the suit plot to the plaintiff.