KASHINATH CHINDHUJI SHASTRI Vs. HARIBHAU NATHUJI BAWANTHADE

JUDGEMENT

(1.) HEARD finally with the consent of the learned counsel for the parties.

(2.) THIS appeal is directed against the judgment and decree dated 9-12-1999 passed by the learned Additional District Judge, Achalpur, in Regular Civil Appeal No. 88 of 1996 confirming the judgment and decree dated 12-7-1996 passed by the learned Civil Judge, Jr. Dn. , Achalpur, in Regular Civil Suit No. 431 of 1992 by which the suit was partly decreed and the appellant/defendant was directed to deliver the possession of 4 gunthas of land which is said to be under encroachment as shown in the measurement map (Ex. 25) drawn by the surveyor.

(3.) THE learned counsel for the appellant/defendant contended that the agricultural land bearing Survey No. 5/1-B is owned by the plaintiff whereas agricultural land bearing Survey No. 5/1 is owned by the defendant. He further contended that the appellate Court clearly recorded a finding that there is no dispute between the parties as regards the area of the land respectively held by them. He contended that reliance was placed by both the Courts below on the map (Ex. 25) drawn by the cadastral Surveyor after taking the measurements of the plaintiff's land only. He contended that the said map cannot be said to be accurate in view of the provisions of Section 83 of the Indian Evidence Act, 1872 and, therefore, the matter may be remanded to the trial Court for fresh decision in accordance with law after making an appointment of Cadastral Surveyor for taking the joint measurements of the land owned by the respective parties.