MANOHAR MAHADEORAO PAGRUT Vs. SAU SUNANDA RAMDAS THARKAR

JUDGEMENT

(1.) Rule. Rule is made returnable forthwith. Heard finally by consent.

(2.) Plaintiff filed a suit for removal of encroachment based on measurements done by her.

(3.) In order to prove the measurements, the plaintiff examined the cadastral surveyor Shri Vivek Purushottam Bihade, who had conducted the survey. Examination of this witness had become necessary because the measurement relied upon by the plaintiff was not admitted by the defendant. In the crossexamination, this witness has given crucial admissions, namely there was no permanent measurement mark [stone or pole etc.] on the Eastern side. He gave similar admission as regards a measurement mark on the North side boundary of Survey No. 83, as well as on the side of the road. He has found permanent marks on other sides.