SHANTABAI YASHWANT Vs. SHANKAR PARSHURAM NAIK

JUDGEMENT

(1.) The original plaintiffs have preferred this appeal against the judgment and decree passed by Sixth Additional District Judge Thane, in Civil Appeal No. 115 of 1986 on 30-10-1987, partly allowing the appeal against the judgment decree passed by Joint Civil Judge, J.D., Thane in Regular Civil Suit No. 314 of 1982 on 29-1-1986. The original defendant has filed cross objection.

(2.) The appellants instituted suit for ejectment and possession of the tenanted premises as well as encroached area.

(3.) The admitted facts are that the appellants are the owners of field Survey No. 95, situated at village Majiwada, district Thane. The defendant/respondent was working as agricultural labourer with the appellants. Permission to construct hut in the said field was granted by the village Panchayat on 26-11-1957. The respondent was permitted to construct a hut and to reside therein as a tenant. Accordingly, the respondent erected a hut and started residing there as a tenant from 1-2-1964.