KISHANLAL MANKLAL RATHI Vs. DINKAR YASHWANT PATIL

JUDGEMENT

(1.) INVOKING the juridiction of this Court under section 100 of the Code of Civil Procedure, 1976 the original plaintiff has come up in second appeal being aggrieved by the judgment and decree passed by the first appellate Court on 19-7-1987 in Reg. Civil Appeal No. 131 of 1984 confirming the judgment and decree passed by the trial Court on 20-9-1984 in Reg. Civil Suit No. 133 of 1981 dismissing the suit of the plaintiff seeking relief of possession on the strength of title as well as on the ground that the defendant has made encroachment to the extent of 2 gunthas on the land of the former.

(2.) BRIEF facts are required to be stated as under: the plaintiff is the owner of agricultural land bearing survey No. 75/4-A situated at Nandura, district Buldhana. It is contended that the plaintiff had purchased the land of 7 gunthas from the erstwhile owner Motisingh by virtue of four different sale-deeds executed by Motisingh on 2-7-1974, 29-8-1974, 4-10-1974 and 5-2-1975. The case of plaintiff is that the defendant has no right, title or interest in the said land owned by him and the defendant has made encroachment to the extent of 2 gunthas on the said land. Therefore, a notice dated 2-4-1976 was served on the defendant calling upon to restore the possession of 2 gunthas of land but in vain. The second notice dated 26-11-1980 was also served on the defendant but in vain. Therefore, the plaintiff was constrained to file the suit for recovery of possession on the strength of title as well as on the basis that the defendant is in possession as a consequence of encroachment to the extent of 2 gunthas of land.

(3.) THE defendant combated the claim of the plaintiff by his written statement and denied that he has made any encroachment on the land of the plaintiff. He sets up a plea that he is in continuous possession of the said land since the year 1962 as an owner thereof. He contended in the written statement that the plaintiff did not become the owner of the suit land by virtue of the sale-deeds executed by Motisingh, that all the sale-deeds were nominal and fabricated and do not confer any right on him.