PARASHRAM S O KASHIRAM SAKHARE Vs. VATSALABAI

JUDGEMENT

(1.) BY this second appeal, the original plaintiff has challenged the judgment and decree dated 18. 9. 1987 passed by the Appellate Court in Reg. Civil Appeal No. 173 of 1983 allowing the appeal by setting aside the judgment and decree dated 25. 7. 1983 in Reg. Civil Suit No. 55 of 1977 by which the claim of the plaintiff for possession was decreed and the defendant No. 1 was directed to deliver the possession of plot No. 1 admeasuring 30 x 40 feet in Ward No. 15 within the municipal limits of achalpur, after removing the structure standing thereon.

(2.) BRIEF facts are as under : the agricultural land admeasuring 5 acres 20 gunthas was originally owned by Smt. Rukhminibai Deshmukh. The said land was purchased by virtue of registered sale-deed dated 22. 8. 1956 by 110 persons for construction of their houses. The plaintiff was one of them. The said land was converted into non agricultural use and subsequently a layout for residence in the said land was drawn. The distribution of the plots was made by the panch committee on 28. 2. 1967 and a document for allotment (Ex. 32) was prepared. The plot No. 1 was allotted to the plaintiff and plot No. 37 was allotted to Phulchand Sakhare - the husband of defendant No. 2. It is contended that Phulchand had no right, title or interest in the said plot but he had erected a hut on the said plot and lived there for some days and then allowed defendant No. 1 to occupy the said hut. The latter had no right to remain in possession of the said hut standing on plot No. 1. Therefore, the defendants were called upon to restore possession by issuing notice dated 14. 2. 1977 to which evasive reply was given on 28. 2. 1977.

(3.) THE defendant No. 1 combated the claim of the plaintiff by her written statement and contended that Phulchand was the owner of plot No. 1 and she had purchased the said plot from him by virtue of Kararnama on 30. 11. 1956. She further contended that Phulchand delivered the possession of the suit plot along with the hut to her on the same day and since then she is in continuous possession. It is specifically contended that she has perfected her title to the suit plot by adverse possession.