HARSING KEWALA RATHOD Vs. RAMJI

JUDGEMENT

(1.) The present Second Appeal impugns the final Judgment and Order passed by the 5th Additional District Judge, Nanded in Regular Civil Appeal No.35 of 1985 confirming the final Judgment and Decree passed by the Civil Judge, Junior Division, Kinwat in Regular Civil Appeal No.3 of 1983.

(2.) The brief facts of the case are as under: It is the contention of the plaintiff that he is the owner and possessor of the suit Survey No.75 situated at village Patoda, Taluka-Kinwat, District-Nanded on the basis of registered sale deed dated 6th March 1972. The land of defendant bearing Survey No.74 is lying adjacent to the land of plaintiff from Northern side and there was common Dhura in between two lands. It is further contended by the plaintiff that in the year 1981 the defendant destroyed the common Dhura and encroached the suit portion of 5 R from Northern side of land Survey No.75 belonging to Plaintiff and after this suit portion, he constructed one loose stone wall. The plaintiff requested the defendant on so many times for removing the loose stone wall and vacating the portion of 5 R encroached which is part and parcel of the suit Survey No.75. But defendant did not give any heed to the request of the plaintiff. On the contrary defendant asked the plaintiff to get measured his land from M.C. Inspector. Accordingly plaintiff got measured his land i.e. suit Survey No.75 from Surveyor D.I.L.R. Officer, Nanded on 26th June, 1982 and in said measurement also it is found that defendant has made encroachment over suit survey Number from Northern side to the extent of 5 R and this portion is shown in the map by surveyor drawn there. Lastly on 10th October, 1982 plaintiff asked the defendant before Panchas to vacate the suit portion of 5 R encroached by him out of suit Survey Number, but defendant refused and raised quarrel with plaintiff. Therefore, plaintiff constrained to file the Suit.

(3.) On the basis of the pleadings of the parties, the trial Court framed as many as five issues and after considering entire evidence on record and after hearing the respective counsel for the parties, decreed the Suit by the respondent herein/plaintiff and the present Appellant/ original defendant was directed to handover possession of the encroached portion of 5 R. on Northern Side of land Survey No.75 situated at village Patoda, Taluka-Kinwat.