MEENADEVI Vs. NARMADABAI

JUDGEMENT

(1.) Heard submissions at the bar advanced on behalf of the learned Counsel for the appellant.

(2.) This Second Appeal is preferred against the Judgment and Order passed by the Principal District Judge, Amravati, dt.5.3.2014 in Regular Civil Appeal No.2 of 2008 whereby after setting aside the Judgment and Order passed by the trial Court in Regular Civil Suit No.107 of 1998 passed by 6th Joint Civil Judge (Jr.Dn.), Amravati on 24.10.2007, the learned 1st Appellate Judge dismissed the suit for possession and removal of encroachment and granted perpetual and mandatory injunction directing the defendant to stop flowing of rain water falling on terrace of the plaintiff and to divert the rain water falling from the outlets mentioned as D1 to D3 away from the approach way.

(3.) The learned Counsel for the Appellant invited my attention to the fact that the suit was instituted by the plaintiff in respect of the plot admeasuring 3200 sq. ft. bearing plot no.17, Sheet no.48 at mouza Tarkheda, pragane Badnera, Tq. and District Amravati known as Khaparde Garden area. The plot was purchased by the plaintiff under registered sale deed dt.16.1.1995 vide Index No.189 of SubRegistrar, Amravati, City2 with a house built thereon and including approach road admeasuring about 61 ft. long x 10 ft. width. According to the learned Counsel for the appellant, there was a map in respect of suit property attached to the sale deed itself which was registered sale deed. The said plot is bounded on eastern side by plot of Dr.Dakre, on western side by Savatri Bhawan Chawl, on northern side by the plot of defendant and on the southern side by the plot of Dr.Mudliar and Dr.Deshmukh. Thus, despite full description of the suit plot and map, it is case of the plaintiff that the defendant had encroached upon her land to the extent of 2 ft. x 8 ft. and this was shown in the map annexed with the plaint. Continuous encroachment was alleged on the part of the defendant. It was increased to the extent of 94.25 sq. ft.