MAROTI JAIRAM KADAM Vs. MAHADU GOVIND KADAM

JUDGEMENT

(1.) This appeal is preferred by original plaintiff whose suit for perpetual injunction simplicitor bearing R.C.S. No. 482 of 1983 was decreed by the learned Civil Judge, Junior Division, Nanded on 22-2-1985, but which judgment and decree was reversed by learned III Additional District Judge in R.C.A. No. 84 of 1985 decided on 7-10-1989.

(2.) Briefly stated, it is the case of present appellant-plaintiff that respondents-defendants were the owners of southern side 2 hectare 8 R. portion of land out of block No. 52 of village Kondha, Taluka and District Nanded. In 1982, Respondents-defendants gave the said land on crop share basis for a period of five years i.e. from 198283 to 198788 to the appellant-plaintiff. Thus, the plaintiff was put in possession of the suit property. Since Respondents-defendants obstructed possession of the Plaintiff, suit was filed by the plaintiff against defendants for perpetual injunction.

(3.) Respondents-defendants appeared in the suit and filed written statement at Exh.13. They denied that the land was given to the plaintiffs on crop share basis for a period of five years as claimed by the plaintiff. Execution of Batai Patra was also denied and delivery of possession to the plaintiff was also challenged. Defendants denied to have put the plaintiff in possession of the suit property. According to Defendants they were in possession of and were cultivating the suit property. On the basis of these pleadings, they prayed for dismissal of the suit.