USHABAI Vs. WASUDEOBALIRAMJI MEHARE

JUDGEMENT

(1.) HEARD finally and disposed of at the admission stage itself. This appeal is directed against the judgment and decree dated 27-4-2000 passed by the Joint District Judge, Akola, in Reg. Civil Appeal No, 14 of 1998 arising out of the judgment and decree dated 15-12-1997 passed by the Civil Judge, Jr. Dn. , Murtizapur in Regular Civil Suit No. 73 of 1996.

(2.) THE learned counsel for the appellant contended that the agricultural land bearing Survey No. 46, admeasuring 2 hectares 41 Ares, is owned by the appellant/plaintiff. The respondent No. 1 is the father of respondents/defendants 2 to 4 and they are the owners of agricultural land bearing Survey No. 26/3. Defendant No. 1 is the Manager of the Joint Hindu Family and they are cultivating their land. He contended that the plaintiff had filed suit for removal of the encroachment and recovery of possession. He contended that the trial Court on consideration of the evidence adduced by the parties dismissed the suit and appeal was carried to the District Court. The appellate Court dismissed the appeal and hence the plaintiff has filed this second appeal challenging the findings of both the Courts below.

(3.) THE learned counsel for the appellant contended that admittedly there was no joint measurements of the fields owned by the parties through the cadastral surveyor and, therefore, the matter deserves to be remanded to the trial Court for fresh decision in accordance with law after making appointment for Commissioner.