KISANLAL MANIKLAL RATHI Vs. DINKAR YASHWANT PATIL

JUDGEMENT

(1.) Heard.

(2.) The present second appeal is filed being aggrieved by the judgment and decree passed by the learned First Appellate Court on 19/07/1987 in Regular Civil Appeal No.131 of 1984 confirming the judgment and decree passed by the learned Trial Court on 20/09/1984 in Regular Civil Suit No.133 of 1981 dismissing the suit. Plaintiff filed suit 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.

(3.) The facts of the present case are as under: The plaintiff is the owner of the agricultural land bearing survey no. 75/4-A situated at Nandura district Buldhana. The plaintiff had purchased 7 gunthas of land from field Survey No.75/4-A of Nandura, Dist. Buldhana from its previous owner Motisingh Bankatsinha under different sale deeds on 02/07/1974, 29/08/1974, 04/10/1974 and 05/02/1975 and since then, he is in possession of the same as an owner thereof. The case of the plaintiff is that the defendant without any right, title or interest encroached upon a portion of 2 gunthas of the said land (hereinafter referred to as the suit land), in Summer 1976 and constructed a hut thereon. Therefore, the plaintiff issued a notice to him on 02/04/1976 calling upon him to deliver the possession of the suit land, but the defendant gave false reply to the said notice, contending that the acquired the possession of the suit land from its previous owner Motisingh, in pursuance of oral sale free from all encumbrances and has become its owner. However, the plaintiff could not take any legal action against the defendant due to his pre-occupation and as he was cut of Nandura for the purpose of his service. After his return to Nandura, the second notice on 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, before IInd Joint Civil Judge Jr. Dv. Malkapur. Suit was filed for the recovery of possession or the suit land and damages of the last three years, amounting to Rs.1800.00.