LAWS(BOM)-2010-7-172

HIRAMAN VYANKATI CHURAD Vs. RAJESH

Decided On July 27, 2010
HIRAMAN VYANKATI CHURAD AGED ABOUT 77 YEARS, OCCU: BUSINESS R/O NEW SUBHEDAR LAYOUT RUKHMINI NAGPUR, NAGPUR Appellant
V/S
RAJESH S/O PARASRAM SHAHU AGED ABOUT 34 YEARS, OCCU: BUSINESS R/O BAJERIYA LODHIPURA NAGPUR Respondents

JUDGEMENT

(1.) This Second Appeal has been filed at the instance of original defendant against whom decree has been passed by the Courts below. Parties are referred to as 'plaintiff' and 'defendant' as in the cause title of the suit.

(2.) Facts briefly are :

(3.) The trial Court upon evidence led by the parties, found that the plaintiff is owner of the suit plot and the defendant had unlawfully encroached upon it. The plea of adverse possession was negatived and the suit was decreed and the defendant was directed to hand over possession of the suit plot to the plaintiff and restrained form disturbing possession of the plaintiff over the suit plot.