VIJAY MAHADEO GAIKWAD Vs. PARASRAM BHANU MESHRAM

JUDGEMENT

(1.) Heard. Admit. Taken up for final hearing with the consent of learned counsel for parties.

(2.) In both these appeals, two brothers-Yeshwant and Vijay have put to challenge the judgment and decree dated 7.12.2010 passed by Ad hoc District Judge-1 Gondia in Regular Civil Appeal Nos. 66 of 2007 and 67 of 2007, by which he reversed the judgment and order dated 26.4.2007 passed by Civil Judge, Jr. Dn. , Arjuni Morgaon in Regular Civil Suit Nos. 15 of 2004 and 16 of 2004.

(3.) In the said two suits, R. C. S. NO. 15/04 and 16/04, the case of both the brothers in the respective plaint was that their father Mahadeo had purchased agricultural land from one Chitnavis sometime in the year 1953-54 but had taken possession of the land without measuring the same. However, both the brothers then got the lands measured through Taluka Inspector of Land Records, Ajuni Morgaon in the year 2002 who, upon measurement, found that respondent/defendant Parasram had encroached on the fields of both the plaintiffs. Therefore, they issued registered notice to the defendant who refused to accept the same. Thereupon both the plaintiffs, namely Vijay and Yeshwant, filed respective suits for removal of encroachment made by the respondent/defendant. Parties to both the suits examined their respective witnesses and finally upon consideration of evidence of both the sides, the trial Court separately decreed both the suits filed by both the brothers. Aggrieved by the judgments, the respondent/defendant preferred appeals before the lower appellate court who allowed the appeals and set aside the judgment and decree recorded in both the suits. Hence, these second appeals.