LAXMAN JAYWANT GAUDE Vs. VIJAY DATTARAM JADHAV

JUDGEMENT

(1.) Heard Mr. Dinesh Naik for the appellant and Mr. J. Godinho for respondent no. 1.

(2.) The appellant challenges concurrent decrees made by the Trial Court and the First Appellate Court decreeing Regular Civil Suit No. 8/2006/A instituted by respondent no. 1 (plaintiff) seeking restoration of an area of about 47 sq. mtrs., which according to the plaintiff, was encroached upon by the appellant.

(3.) Mr. D. Naik, learned Counsel for the appellant, submits that the concurrent findings recorded by the two Courts are vitiated by perversity because the findings are dehors the pleadings and, in any case, are based on a misreading of material documentary evidence. He submitted that it is a settled position in law that if there is a conflict between area and boundary, then the boundaries will prevail.