SUSHILA DHANBAJI KADU Vs. BIRJU MANGAL PACHE

JUDGEMENT

(1.) This is an appeal by the plaintiff in Regular Civil Suit No. 5 of 1988 for recovery of possession, which was decreed by the learned Civil Judge, Jr. Dn. , Katol, but the Decree was reversed on appeal by the learned 6th Additional District Judge. Nagpur.

(2.) The appellant/plaintiff claimed to have purchased property bearing Plot No 386/3-5 in Ward No. 5 of Katol by a registered Sale deed on 2-6-1971. The plaintiff claimed to have constructed a shed shown by letters 'bihmlkjb in the plaint map. She allowed the defendant to reside there as her licensee. When she wanted to start construction ot a latrine in the property, the defendant obstructed and approached Naib Tahsildar questioning the plaintiff's title. The plaintiff, therefore, revoked his licence by Notice dated 16-12-1987 and asked the defendant to vacate the premises. Since the defendant refused, the plaintiff filed the suit stating that she wanted to demolish the entire shed and construct a house and, therefore, needed possession of the property.

(3.) The defendant resisted the plaintiff's claim by contending that the structure in question was permanent one in existence since 1941 and was owned and possessed by the defendant and his forefathers according to the defendant, this structure was on public site and not that of the plaintiff. He, therefore, prayed for dismissal of the suit.