RAMRAO AND ORS. Vs. LALSHA

JUDGEMENT

(1.) THE appeal is filed to challenge the judgment and order of Regular Civil Suit No. 57 of 1978 which was pending in the Court of learned Civil Judge, Junior Division, Bhokardan, district Jalna and also the judgment and order of Regular Civil Appeal No. 190 of 1983 which was pending in the Court of learned Additional District Judge, Jalna. The suit filed by present Appellant for possession and also for declaration is dismissed. Both the sides are heard.

(2.) THE suit was filed in respect of one house property situated at village Walsa Khalsa, Taluka Bhokardan, District Jalna. The boundaries of the suit property are given by giving the names of adjacent owners and by showing one public road on eastern side. The size of the property is given as 25'x20'. It is two storied building.

(3.) THE defendant contested the matter by filing written statement. It is the case of defendant that he has been in possession of the suit property as the owner and he is not a tenant of plaintiff. It is his case that even prior to the creation of record of Gram Panchayat defendant was in possession of the property which was legal possession and which is continuous possession. It is contended that the plaintiff is trying to grab the property and so by making false contentions suit is filed.