SINDHUTAI KESHAORAO PACHPOHAR Vs. DINESH

JUDGEMENT

(1.) The suit for possession and for permanent injunction filed by the respondent/plaintiff was dismissed by the trial Court, the same has been reversed in appeal by the learned First Appellate Court vide its judgment and decree dated 16th February, 2005. The said judgment and decree is under challenged in the present appeal.

(2.) It is the case of the plaintiff that plaintiff is the owner and possessor of the vacate land situated at Shriram Ward, Arvi having municipal demand No. 89 with east-west 44 ft. in length and north-south 20 ft. in length. The plaintiff purchased this premises alongwith well by registered sale deed dated 24/12/1999, for consideration of Rs. 10,000/-.

(3.) Further, it is the case of plaintiff that the defendant has encroached over the sight shown by the letters A F E D A in the plaint map, prior to 7, 8 year and erected a wall at letters E F in mud and bricks. At that time plaintiff was minor. The defendant has also taken the possession of the well though it was purchased by the plaintiff. When the request of the plaintiff was waived down by the defendant, the plaintiff on 20/02/2000, issued the notice to the defendant. But of no use and hence, the suit was filed by the plaintiff for possession and permanent injunction.