ANNAPPA MALAPPA GHATNATTI Vs. VITHOBA PARSU CHAVAN

JUDGEMENT

(1.) THIS appeal by original plaintiff takes exception to judgment and decree dated 7th July, 1984 passed by the Extra Assistant Judge, Solapur in Civil Appeal No. 306 of 1980.

(2.) THE plaintiffs are brother inter se. Their father was owner of survey No.5 admeasuring 22 acres and 27 gunthas of land situated at village Bavachi. In the year 1956 or there about he transferred 6 acres from the eastern side of the suit land to the defendant and retained the remaining land with him. The land sold to defendant was numbered as survey No.5/2 while land retained by the plaintiffs' father was numbered as survey No.5/1. In the year 1958, village was surveyed and revenue records came to be prepared and mutation entry no.483 was made. In the said survey, area of survey no.5/1 was wrongly shown as 16 acres when it was 16 acres and 21 gunthas. Area of survey No.5/2 was wrongly shown as 6 acres 27 gunthas when it was only 6 acres. As per plaintiffs when this error was noticed a complaint was made. Plaintiffs further stated that in or about 1966, their father again transferred 3 acres and 20 gunthas of land from south eastern side of survey No.5/1 to one More and land sold to More came to be numbered as survey No.5/1B while land retained by the plaintiff's father was numbered as survey No.5/1A. As per plaintiffs, the area remaining with their father was 13 acres and 7 gunthas. As per plaintiffs, in the year 1970 their father effected partition of land survey No.5/1/A and allotted one share each to his three sons. Plaintiff No.3 was given 4 acres 3 gunthas of land. Plaintiff No.2 was given 4 acres 8 gunthas of land and Plaintiff no.1 was given 4 acres 33 gunthas of land. Plaintiffs alleged that consolidation scheme was made applicable to the village and after implementation of the consolidation scheme, defendant had made encroachment upon the land belonging to the plaintiff no.1 to the extent of 27 gunthas. Thus the present suit was filed for declaration and possession.

(3.) FROM the year 1956 the defendant is in possession of land admeasuring 6 acres 27 gunthas. The revenue record prepared in the year 1961 also shows that the defendant was in possession of the land admeasuring 6 acres 27 gunthas. This land is renumbered and land in possession of defendant is shown as admeasuring 6 acres 27 gunthas. Thus in my judgment, the appeal Court has rightly come to the conclusion that the defendant has perfected his title by way of adverse possession. The appeal Court has on appreciation of evidence and after considering the requirement on adverse possession has rightly found that the defendant has perfected his title by adverse possession. I see no merit in the present appeal. No substantial question of law is involved in the present appeal. Appeal to stand dismissed with no order as to costs.