BAPUSAHEB GITARAM KARDILE Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) In a suit for declaration and perpetual injunction fled by the plaintifs/respondent Nos.6 to 10, on apprehension of their dispossession from the suit shops, the leaned trial Court after framing a preliminary issue relating to maintainability of the suit, held in favour of the plaintifs vide its order below Exh.1 dated 17.12.2016, which is under challenge in the present petition.

(2.) It is the case of the plaintifs that land Survey No.941 admeasuring 410.7 was recorded in the name of Government in the Revenue record, on which the fve shops which are in possession of the respective plaintifs, have been constructed long back and are the subject matter of the suit.

(3.) It is the further case of the plaintifs that the plaintifs are regularly paying taxes to the Gram Panchayat and they have been doing business in those shops since last many years. The plaintifs further pleaded that the defendant No.6/petitioner approached to the respondent No.3, claiming the ownership over the land Survey No.941 which was recorded in the name of Government. The respondent No.3 vide its order dated 14.12.2011, inter alia held that out of 410.7 sq.metre land 162.25 sq.metre of land is owned by the father of defendant No.6/petitioner.