BHASKAR PANDURANG PRABHU DESSAI Vs. GAJANAN ARJUN SALGAONKAR

JUDGEMENT

(1.) THE appellants (plaintiffs in the Suit) had filed a Suit for recovery of possession and permanent injunction seeking to restrain the respondents (defendants in the Suit) from interfering with the suit property "chambhar Bhatlem and Ginger Bhatlem" in village Pernem. The suit property consists of 3 separate plots, middle of which is paddy cultivable land and the remaining two plots lying on either side are bagayat lands containing coconut, palm, mango grafts, mango trees, jackfruit trees, bhirands, ratamba, tamarind, cashew, rimber and other trees. In this Appeal we are concerned with the two plots of bagayat lands, since there is no dispute in relation to the plot where paddy is cultivated. The plaintiffs claim that the defendants are trespassers and they are not tenants. The plaintiffs further contended in their pleadings that the watchmanship of defendant No. 1 and defendant No. 3 was terminated.

(2.) ON the other hand, the defendants claim to be lawful tenants of bagayat lands as well as paddy land and their contention is that the entire property is agricultural land. They claim to be in possession for over 60 years as tenants.

(3.) ON pleadings of the parties, following Issues were framed :-