LAWS(BOM)-2015-8-228

NARAYAN AND ORS. Vs. VISHWAMBHAR AND ORS.

Decided On August 12, 2015
Narayan And Ors. Appellant
V/S
Vishwambhar And Ors. Respondents

JUDGEMENT

(1.) THE revision is filed to challenge the order made on Exhibit 1 in Regular Civil Suit No. 35 of 2012 which is pending in the Court of the Civil Judge, Senior Division, Beed. The suit is filed by present respondent Nos. 1 to 4 for relief of declaration of the ownership in respect of agricultural land. By filing written statement, present petitioners, defendants raised point of jurisdiction of the Civil Court. Preliminary issue was framed on the point of jurisdiction and this issue is decided against the defendants. Both the sides are heard.

(2.) THE suit is filed in respect of agricultural land bearing Gat No. 115 admeasuring 11H 58 R and situated in village Samnapur, Tahsil and District Beed. Previous number of this property as Survey Nos. 51 and 52 and during consolidation proceeding aforesaid number was given to these lands.

(3.) IT is the case of the respondents, plaintiffs that they had filed proceeding for eviction of the tenant but the proceeding was dismissed and the tenant continued the possession. Some reference is made with regard to other litigations filed in respect of mango trees in the plaint.