LAWS(BOM)-2015-4-61

MAHADEORAO Vs. NAGPUR IMPROVEMENT TRUST AND ORS.

Decided On April 13, 2015
Mahadeorao Appellant
V/S
Nagpur Improvement Trust And Ors. Respondents

JUDGEMENT

(1.) Since both the appeals challenge the judgment dated 11.12.2013 passed by the first appellate Court they are heard together.

(2.) Admit. Heard finally with consent of learned counsel for the parties.

(3.) The appellant in both the appeals is the original plaintiff who had filed suit for declaration that he was the owner of 0.22 R land in Survey No. 1696 Kh. NO. 12/1A of mouza Babulkheda Nagpur. According to the appellant, the entire agricultural land was initially owned by his father who had sold part thereof to various persons. According to the appellant, the suit property came to be encroached by the defendants in as much as possession thereof was sought to be disturbed by said defendants. Hence, aforesaid suit for declaration and permanent injunction came to be filed.