GOKULSINGH HEERASINGH GOUTAM Vs. HEAD MASTER

JUDGEMENT

(1.) The present appeal is filed by the legal representatives of original plaintiff, who had filed a suit claiming ownership over the suit property by way of adverse possession. It is a case of the plaintiff that he was in occupation of the suit properties which are agricultural lands as tenant of two brothers namely; Govind Dattaji Kanfade and Tulshiram Dattaji Kanfade. Initially, after making pleadings with respect to tenancy and ownership over the suit properties by virtue of provisions of the Maharashtra Tenancy and Agricultural Lands Act (Vidarbha Region Act), the plaintiff pleaded that he is the owner of the suit property by way of adverse possession. The plaintiff contended that the defendant, an educational society claimed ownership over the suit property by virtue of Will dtd. 20/12/1969 executed in its favour by Late Govind Kanfade. Apart from the declaration of ownership by adverse possession, the plaintiff also sought decree for perpetual injunction against forcible dispossession. In the said suit, the defendant society filed a counter claim seeking possession of the suit fields. The learned Trial Court vide Judgment and decree dtd. 29/11/2010 has dismissed the civil suit as also the counter claim filed by the defendants.

(2.) Aggrieved by the dismissal of the counter claim, the defendants filed appeal bearing Regular Civil Appeal No.12/2011. The original plaintiff had expired while the civil suit was pending. The legal representatives of original plaintiff did not choose to challenge the decree dismissing their suit. The learned Ad-hoc District Judge-2, Achalpur has allowed the appeal filed by the original plaintiff vide Judgment and Decree dtd. 24/03/2023.

(3.) The learned First Appellate Court has granted a decree of possession in favour of the defendants holding that it has become the owner of the suit field on the basis of Will dtd. 20/12/1969 executed in its favour by Govind Kanfade.