NIRANJANBAI CHANDRAKANT VIRA Vs. PRAMILA BAI BALKRISHNA ZADE

JUDGEMENT

(1.) BY invoking the jurisdiction of this Court under section 100 of the Code of Civil Procedure, the unsuccessful original plaintiff has filed this second appeal against the judgement dated 21-10-1989 passed by the learned Additional District Judge in Regular Civil Appeal No. 113 of 1985 whereby the appeal came to be dismissed and the judgment and decree dated 9-1-1985 passed by the learned Joint Civil Judge, Junior division was confirmed dismissing the suit of the plaintiff seeking relief of possession of the land shown by letters B, C, D, M and L, E, J, K in the map annexed with the plaint.

(2.) BRIEF facts are required to be stated as under : the plaintiff claimed to be the owner of Nazul plot No. 7 in Sheet No. 55-B in Ambapeth, Amravati which has been purchased by her as per the registered sale deed dated 28-6-1977 from the vendor Abdul Samad s/o Majid khan admeasuring 1322 sq. ft. It is contended that on pr before 28-6-1977 the defendants wrongfully obtained the possession of the land shown by the letters BCDM and LEJK in the map annexed with the plaint and therefore, they were served with notice calling upon them for removal of the said encroachment, but in vain. It is contended that the boundary described in the sale deed is sufficient to establish that the defendants have made encroachment on the portion of land and therefore, filed the suit for possession of the land under encroachment.

(3.) THE defendants strongly resisted the claim of the plaintiff by filing their written statement and contended that the defendant No. 1 has purchased the plot No. 8 as well as half of the portion of Plot No. 7 from Surajubai Ghashiram joshi along with 9 houses standing thereon by registered sale deed dated 29-10-1973 and the houses have been described as house Nos. 560 to 568 in the municipal record. She further contended that Surjubai purchased this property from Kalsabai w/o Daulatkhan by virtue of registered sale deed dated 20-7-1970 and Kalsabai purchased it from one Chotibee by registered sale deed dated 27-2-1969. It is contended that Chotibee died on 27-3-1970 and she was the original owner of Plot Nos. 7 and 8. It is contended that the defendants did not make any encroachment on the land owned by the plaintiff and the suit is liable to be dismissed.