STATE OF MAHARASHTRA Vs. TULSHIRAM JANUJI

JUDGEMENT

(1.) Heard Shri Mirza, learned Assistant Government Pleader the appellants.

(2.) By this Second Appeal, the State Government as also its officers are challenging the concurrent judgments and decrees delivered by Courts below. Regular Civil Suit No.404 of 1985 was filed by present respondent claiming amount of Rs.2,000/- on account of damages to crops and Rs.500/- as damages for mental torture.

(3.) His grievance was that land admeasuring one acre was placed in his possession subject to certain conditions by a Gram Mandal of Village Keliveli as per its resolution dated 5.5.1980. He was accordingly cultivating said land. In 1980-81, he had sowed Hybrid Jawar and the crop had come up well. Suddenly, present appellants came to his land, tress-passed upon it and damaged the crop by calling him as encroacher. This incident took place on 10.9.1980. Tahsildar also imposed fine upon him for said purpose. He challenged this entire act and claimed damages as mentioned above. The trial Court proceeded under Order 8, Rule 10 of Civil Procedure Code and delivered judgment in his favour on 6.12.1986. The present appellants then filed Regular Civil Appeal No.40 of 1991 and the Additional District Judge, Akola, dismissed that appeal on 02.02.1993.