VINODKUMAR BALAPRASADJI SHUKLA Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) The appellants are the original plaintiffs, who are challenging the Judgment and Decree passed by the Joint District Judge, Nanded on 09/06/2003 in R.C.A. No. 68 of 2001, by which the lower appellate Court allowed the Appeal preferred by the State of Maharashtra and the Principal, Industrial Training Institute, Nanded and dismissed the Suit for possession of the suit property that was filed by the present appellants/plaintiffs.

(2.) Balaprasadji Shukla, the father of the appellants/plaintiffs was the owner of Survey No. 74/2 situated at Vazirabad, Taluka and Nanded, a posh locality in the city of Nanded. Balaprasadji Shukla remained in possession of the said land till his death, but in October, 1978, the respondents encroached upon the suit land, which is adjoining open piece of land to the Industrial Training Institute, Nanded by erecting a wire fencing and thus took the area of the suit property inside the already acquired area by the State. Balaprasadji Shukla, during his life time, protested and wrote a letter dated 05/10/1978 to the respondents to remove the encroachment followed by legal notice U/s 80 of the Code of Civil Procedure [ For short, ' C.P.C. ' ] dated 04/04/1983, followed by another notice dated 24/04/1983 and followed by third notice U/s 80 of C.P.C dated 07/01/1986. Despite it, the defendants did not remove the encroachment, but continued to remain in occupation of the suit plot admeasuring 567.8 Sq. Meters owned and possessed by Balaprasadji Shukla. The plaintiffs then instituted a Suit namely Spl.Civil Suit No. 55 of 1986 for recovery of possession of 567.8 Sq. Meters out of Survey No. 74/2.

(3.) The trial Court framed as many as seven (7) issues and framed issue No. 3 relating to the adverse possession and answered the same against the defendants. The Suit was thus decreed in favour of the appellants/plaintiffs.