VITHOBA Vs. ANAND

JUDGEMENT

(1.) This appeal is filed against the judgment and decree in Regular Civil Appeal No.45 of 2002 which was pending in the Court of Ad-hoc District Judge-2 Ambajogai and against the judgment and decree of Regular Civil Suit No.248 of 1994 which was pending in the Court of the Civil Judge, Junior Division, Kaij, District Beed. The suit filed by the appellant/original plaintiff is dismissed by the trial Court and the first appellate court has confirmed this decision. Both the sides are heard for admission purpose.

(2.) It is the case of the appellant/plaintiff that land Gut No.332 situated at Kekat Sarni, Tahsil Kaij, is in his possession. It is contended that the land is Devastan land belonging to Dattatraya Devasthan Ambajogai and one Yashwant Goswami was Inamdar of this land. It is contended that Yashwant had given the land to the plaintiff and his father for cultivation prior to 1950 and since then the plaintiff has been in possession of this land. It is contended that on 3-6-1992 written document of lease / Batai Patra was given to him by the successor of Yashwant viz. Sarvadnya and accordingly the name of the plaintiff was entered in the revenue record in crops cultivation. He has given particulars of the crops taken by him in the field. It is contended that the defendants have no concern whatsoever with the suit property. He has prayed for relief of perpetual injunction to restrain the defendants from interfering in the possession of the plaintiff over the suit land.

(3.) The defendants filed joint written statement. They have admitted that land belongs to Dattatraya Sansthan of Ambajogai. They have admitted that Yashwant was Inamdar of the land and for rendering service to Devasthan the land was given. However, they have denied that the land was given by Yashwant to plaintiff or father of the plaintiff for cultivation purpose.