VIMAL Vs. NAGORAO BABANRAO GHODASKAR

JUDGEMENT

(1.) This Second Appeal is at the instance of the defendant against whom a decree was passed by the trial Court and confirmed by the first appellate Court. The parties shall be hereinafter referred to as plaintiff and defendant.

(2.) The facts giving rise to the appeal are as follows: Plaintiff is the owner of field Survey no. 58/1 5.29 gunthas land of village Bhamod. Defendant is the owner of field Survey No. 58/2 which lies to the south of the plaintiff's field. The plaintiff contends that defendant destroyed the boundary i.e. Dhura in between plaintiff's field and that of the defendant and has committed an encroachment to the extent of 32 gunthas. Plaintiff submits that he got his field measured on 24.02.77 and the Measurer found that the defendant has committed an encroachment to the extent of 32 gunthas.

(3.) It is the contention of the plaintiff that the plaintiff's predecessor in title namely Punjaji cultivated 5.29 gunthas of land. Punjaji sold the same acrage of land to Mahadeo. This Mahadeo was in cultivating possession of 5.29 gunthas of land. It is contended that therefore Mahadeo had a possessory title over the suit property and he could therefore convey title in favour of the plaintiff to that extent.