SHRI SHRIRAM Vs. SHRI BHAURAO

JUDGEMENT

(1.) Heard.

(2.) This is an appeal preferred by the defendant against the judgment and decree passed by the Court of Ad-hoc Additional District Judge, Washim on 04/02/2005. By the said judgment, the First Appellate Court allowed the appeal and decreed the suit. The defendant is restrained from interfering with the possession of the plaintiff over the suit land.

(3.) The Trial Court has dismissed the suit for the reason that plaintiff could not prove his possession over the suit land and also for the reason that simpliciter suit for permanent injunction is not maintainable. Whereas, the First Appellate Court reversed those findings and held that plaintiff is having better title than that of defendant. While admitting the appeal on 20/07/2005, this Court has framed following substantial questions of law: