STATE OF MAHARASHTRA Vs. NATHUJI

JUDGEMENT

(1.) HEARD the learned counsel appearing on behalf of the appellants and learned counsel appearing on behalf of the respondent.

(2.) THIS Second Appeal has been filed by the appellants State challenging the judgment and decree dated 6th June, 1989 passed by the 10th Additional District Judge, Nagpur in Regular Civil Appeal No.155 of 1985, whereby the judgment and order dated 29th September, 1984 passed by the Third Joint Civil Judge, Senior Division, Nagpur in Regular Civil Suit No.1121 of 1981 was set aside and the suit filed by the plaintiff was decreed.

(3.) THE respondent original plaintiff herein therefore preferred an appeal before the Deputy Director of Land Records, Nagpur who held that the suit site belongs to the State Government subject to the rights of public in general. The revision preferred before the Government was also dismissed. The respondent original plaintiff, therefore, filed a suit for declaration of ownership in respect of the suit site and also for the confirmation of his possession.