GANPAT PANDURANG GHONGADE Vs. NIVRUTTI PANDURANG GHONGADE

JUDGEMENT

(1.) The original plaintiff has filed this Second Appeal challenging the concurrent dismissal of his suit for removal of encroachment and for restoration of possession. He has also challenged the reversing judgment of lower Appellate Court by which counter-claim filed by present respondent (original defendant) came to be allowed and one acre of land from possession of present appellant is directed to be handed over to the respondent. The appeal has been admitted on questions No. 2 and 10 mentioned in memo of appeal as substantial questions. Those questions are as under:

(2.) Whether, contents of the document can be said to have been proved, specifically when the parties are disputing the truth of what the document states specifically when the document is in handwriting of petitioner writer and who is not examined although he was available.

(3.) In this background, I have heard Shri Palshikar, learned Counsel for the appellant - original plaintiff and Shri Ingle, learned Advocate for the respondent.