MAHAMUD ISMAIL GODME Vs. IBRAHIM HASANMIYA VELASKAR

JUDGEMENT

(1.) THIS is original defendant's appeal against the decision in Civil Appeal No. 108 of 1980 of the District Court, Raigad reversing the decision of the Civil Judge, J. D. Mangaon in Regular Civil suit No. 32 of 1979.

(2.) THE plaintiff filed the suit for injunction simplicitor alleging that the property more particularly described in Paragraph 1 of the plaint, belonged to him and was in possession of the same. He had erected a fencing around this property and has constructed a shed therein for keeping his articles. It was contended by him that the defendant had no right, title, and interest in the said property and the plaintiff apprehended that the defendant Was threatening to disturb his possession. It is for this reason that he approached the Court with a prayer for injunction. According to him the cause of action arose in the month of July, 1979.

(3.) THE suit was resisted by the defendant-appellant in this appeal. He denied the plaintiff's title to and possession over the suit property. It was contended by the defendant that the defendant had erected the fencing around this property and while he was the owner and was in possession of the same, plaintiff had filed the Regular Civil Suit No. 14 of 1976 for a declaration that the property belonged to him and for injunction restraining the defendant from interfering with his possession. Realising that the plaintiff could not prove, that suit, title to or possession over the suit property, the plaintiff, it was contended by the defendant, remained absent and the suit came to be dismissed in default on 23-1-1979. The Contention of the defendant was that the plaintiff is debarred from filing fresh suit.