VISHWANATH Vs. PANDURANG

JUDGEMENT

(1.) This appeal is preferred against the judgment and order dated 11th October 2011 passed by the Adhoc District Judge2, Wardha in Regular Civil Appeal No. 83 of 2004. The appeal was dismissed. The appeal arose out of judgment and order dated 21st June 2004 passed by the Civil Judge, Junior Division, Wardha in Regular Civil Suit No. 261 of 2000 whereby suit was dismissed.

(2.) Facts in brief are that appellant and respondent are real brothers. They inherited suit land bearing survey nos. 56 and 57, total area 5.83 HR situated at village Hiwara, Tahsil Sevagram, District Wardha. This ancestral agricultural land was triangular in shape. Both the brothers had entered into a registered Partition Deed (exhibit 51) whereby the aforesaid agricultural land was agreed to be partitioned pursuant to the terms contained therein. The land was divided by drawing eastwest boundary. Plaintiff Vishwanath was given half portion (2.92 HR) on southern side. The northern portion admeasuring 2.91 HR out of total land fell to the share of defendant Pandurang. Parties agreed to share the encumbrances on the total land equally.

(3.) According to the plaintiff, defendant was disturbing his cultivation and, therefore, he filed suit for permanent injunction to restrain defendant from disturbing cultivating possession of the plaintiff over southern side portion which fell to his share. Defendant filed his Written Statement and denied the suit claim. He denied the allegation that he was in any manner disturbing cultivating possession of plaintiff over his portion of land.