HARIBHAU MOTIRAM GALE (DEAD) THROUGH LEGAL HEIR RAMESH RAMRAO GALE Vs. MURLIDHAR WAMANRAO BHATKAR AND OTHERS

JUDGEMENT

(1.) This is a Second Appeal preferred by the appellant challenging the judgment and decree passed by the 2nd Additional District Judge, Amravati, dated 6th September, 1994 in Regular Civil Appeal No. 198 of 1990, arising out of Regular Civil Suit No. 456 of 1984, decided by the Joint Civil Judge, Junior Divn., Amravati on 29th August, 1990.

(2.) On perusal of records I find that at the time of admission of the present Second Appeal, no substantial question of law was framed by this Court. Accordingly, the learned counsel for the appellant has submitted two substantial questions of law, which according to him arise in the present Second Appeal :

(3.) The case of the appellant is that a suit for permanent injunction simpliciter was filed by the appellant contending that he is in possession of land Survey No. 17/1 A, area 1 Acre 4 Gunthas of village Khalkoni in the capacity as owner, as the same land was allotted to the appellant as per Revenue Case No. 2054/59(13)/65-66 on 21st February, 1984. It is further contention of the appellant that he is also in possession of another area of the suit land admeasuring 36 gunthas from the Land Survey No. 17/1A of village Khalkoni. The said land was leased out by the respondent No. 2 in the year 1983-84 and he has been in possession of said suit land in the capacity of owner. It is further his contention that on 22-6-1984, the respondent No. 1 had destroyed the crop in the suit land and attempted to interfere with the possession of the appellant over the suit land. A police complaint was lodged to that effect and as no action was taken, the suit came to be filed by the appellant.