RAMESH RAGHUNATH Vs. PANDURANGRAO RATNLIKAR

JUDGEMENT

(1.) All these five Second Appeals may be disposed of by this common judgment as the respondent, who is original plaintiff, is common in all the five matters, though, the appellants, who are original defendants or legal heirs of defendants, are different. The facts involved are almost common.

(2.) The facts leading to these appeals may be stated in brief thus : the respondent Dr. Pandurangrao is the original plaintiff. He filed these suits contending that the land S. No. 200/2 admeasuring 94 Ares and S. No. 200/3 admeasuring 1 hectare 5 Ares, both situated at village Ratnali, Taluka biloli. Dist. Nanded, had come to his share in partition of joint family property. The lands are situated near the village locality. Some portion of the land was under cultivation and remaining open area was given to needy persons for utilisation as licensees free of charges. The defendants were also licensees. The plaintiff claims to have issued notices to the defendants revoking the licence and seeking possession of the land. However, the defendants refused to accept the notices. Thereafter, the plaintiff issued a public notice in daily newspaper "prajawani" dated 14-9-1984 and thereby revoked the licence of defendants in all the suits and called upon them to surrender possession. However, the defendants failed to vacate the land and to give possession to the plaintiff, hence the suit.

(3.) The defendants contested the suit. In Second Appeal Nos. 2 and 3 of 2003, the defendants claimed that their forefathers had purchased the land and contended that they had constructed their huts and were residing on the same for long time, thus they are owners and in any case they have perfected their title over the land by adverse possession. In remaining three Second Appeals bearing nos. 684, 685 and 698 of 2003, the defendants merely denied the title of the plaintiff and claimed that since the time of their forefathers they were living on the said lands by constructing their huts and thus they have perfected their title by adverse possession.