POL DILIPBHAI SHRIPANTRAO Vs. TADVI PRATAPBHAI BHAGABHAI

JUDGEMENT

(1.) Present appellant, who is the original plaintiff in Regular Civil Suit No. 75 of 2005 before the trial Court and appellant in Regular Civil Appeal No. 17 of 2017 (Old Regular Civil Appeal No. 08 of 2009) before the first appellate Court, has preferred this Second Appeal against the judgment and decree passed by the learned Civil Court in Regular Civil Suit No. 75 of 2005 dated 22nd December 2008 and judgment and decree passed by the learned Additional District Judge, Chhotaupdepur in Regular Civil Appeal No. 17 of 2017 (Old Regular Civil Appeal No. 08 of 2009) dated 30.07.2018.

(2.) As this appeal was placed today at admission stage, but looking to the fact that the trial court as well as first appellate Court have concurrently found that the plaintiff was not owner of the suit property, learned advocate for the appellant has placed on record the paper-book of the documents relied upon by the trial Court and this appeal is taken up for final hearing at the admission stage.

(3.) Brief facts of the present case are referred as under: Regular Civil Suit No. 75 of 2005 was preferred by the plaintiff seeking relief of declaration and permanent injunction to restrain the defendants from interfering with the possession and occupation of the plaintiff over the agricultural land bearing new survey no. 11, 91, 34 and old survey no. 59 situated in village Jogipura, Taluka: Sankheda, District: Chhotaudepur. That, the suit was rejected vide judgment and order dated 22nd December 2008. As per the averments made in the suit, on the basis of the will executed by the deceased Pol Pandurang Nagdevrao, the plaintiff became the owner of the suit land. That, an entry being entry no. 250 was made in the revenue record on 8th July 1975 and descriptions of the property alongwith other property situated at village Jogipura, Ta: Sankheda was described by the plaintiff in para 2 of the plaint.