SUNANDA RATANSINGH DABERAO Vs. ANANT NARAYAN INGLE

JUDGEMENT

(1.) Respondent No. 1 herein filed Regular Civil suit No. 609 of 1990 in which the petitioner herein was arrayed as defendant no. 1 and respondent Nos. 2 to 4 herein were defendant Nos. 2 to 4.

(2.) According to the plaintiff, he had purchased suit plot admeasuring 3310 sq. ft. , having dimensions 164' x 167' on 29th October, 1985, from defendant No. 2 under registered sale-deed for a consideration of Rs. 19,000/ -. Boundaries of the plot need not be referred to. According to the plaintiff, from the date of sale-deed, he was enjoying the property as owner thereof. In the meantime, when he was out of town, as he was transferred to Chikhali. Taking advantage of plaintiff's absence, the defendant no. 1 has encroached upon the suit plot with the help of defendant No. 4, and raised a construction thereon. As per the plaint map, the area encroached, according to plaintiff, is 996 sq. ft.

(3.) Prior to present Regular Civil Suit No. 609 of 1990, the plaintiff had filed a Regular Civil Suit No. 369 of 1989, when, according to him, the defendant no. 1 was in the process of encroaching, and sought injunction against him. In the said suit, a Court Commissioner was appointed and the construction in the form of encroachment made by the defendant No. 1 came on record. Plaintiff also came to know that the defendant No. 1 was relying upon a sale-deed executed by defendant No. 4 in her favour. He has thereafter withdrawn the regular Civil Suit No. 369 of 1989 which was filed by him for injunction, and filed a fresh suit claiming possession of suit land, damages and mandatory injunction.