TULSHIRAM Vs. TAHSILDAR, WASHIM

JUDGEMENT

(1.) The Appellant filed present Appeal being aggrieved by the judgment and decree passed by the learned 2nd Ad-hoc Additional District Judge, Washim in Regular Civil Appeal No. 89/2001 decided on 13/12/2005 arising out of the judgment and decree passed by the learned Civil Judge Senior Division, Washim in Regular Civil Suit No. 141/1997 dtd. 15/03/2000, whereby the Appeal filed by the Defendants came to be allowed.

(2.) The brief facts for deciding the present Second Appeal are as under:-

(3.) Learned Counsel for the Appellant vehemently submitted that the Defendants were claiming that the Suit Property was auctioned to one Prakash Kakade in 1997, which is a Government land and they were taking action for removal of encroachment. It is also contended that there is not a single document placed on record by the Defendants to establish that the land is belonging to the Government. The construction is as old as more than 50 years and the flour mill is set up in the year 1985. Since 1985 to 19/03/1997, neither any action was taken nor any question of encroachment was raised by anybody. There is no mention of any overt-act on the part of the said Prakash Kakade disturbing possession of the Plaintiff.