KANHAYALALSHANKAR BADASHAH AND BALKRISHNASHANKAR BADASHAH Vs. BUDHAGANGARAM NEWARE SUDHAKARGANGARAM NEWARE SHRIMATI WATSALA

JUDGEMENT

(1.) THE appellants are the original plaintiffs and the respondents are the original defendants. (hereinafter the parties will be referred to as "plaintiffs" and "defendants" for the sake of convenience ). FACTS

(2.) THE plaintiffs have filed the suit for possession and damages. The case of the plaintiffs is that they are the owner of Gat No. 16 and 17/2, admeasuring 1. 16 acres. The case of the plaintiffs was that the defendant no. 1 Sitabai Neware was the mother of defendant no. 2 Budha and defendant no. 3 Sudhakar and defendant no. 4 Baburao was the brother of defendant no. 1. The case of the plaintiffs was that the defendants had constructed a hut and prepared a compound to that hut on the said land and had encroached upon 0. 03 acres of the plaintiffs land. They therefore served a legal notice dated 14th June, 1982 on the defendants and, thereafter, filed the suit for possession and damages.

(3.) THE trial court decreed the suit and directed that the defendants do deliver the vacant possession of 0. 06 acres land after dismantling the hut and compound and also held that the plaintiff was entitled to claim mesne profit.