YADAV NAMDEO SALVE Vs. AZGAR HAIDER

JUDGEMENT

(1.) HEARD Shri Mandlik, learned counsel for the appellant, Shri Gangapurwala, learned counsel for the respondent no. 1 and Shri Navandar with Shri Patani, learned counsel for the respondent no. 4.

(2.) THIS appeal is preferred by the plaintiff against the judgment and decree dismissing his suit by the courts below. The plaintiff has filed Regular Civil Suit No.594/1986 for perpetual injunction restraining the defendants-respondents from disturbing or obstructing his peaceful possession and enjoyment in respect of land gut no. 986 admeasuring 6 Hectares 31 ares situated at village Fulambri, taluka and District Aurangabad.

(3.) THE learned trial Judge appreciated the evidence adduced by the parties in proper perspective and for sound reasons dismissed the suit by taking into account the salient features as appearing from the evidence of the parties and surrounding circumstances that the case of the plaintiff is not believable on any count. THE lower appellate court in appeal also independently applied mind to various circumstances and dis-believed the plaintiff in all respect and concurred with the findings recorded by the trial court in dismissing the appeal, thereby confirming the judgment and decree dismissing the suit of the plaintiff.