TUKARAM Vs. GRAMPANCHAYAT KARYALAYA

JUDGEMENT

(1.) THIS second appeal is filed by the original plaintiff who has filed a suit against the Gram panchayat for declaration of ownership and also for injunction regarding the house bearing No. 117 of village Sawargaon.

(2.) THE learned trial Judge dismissed the suit of the plaintiff on several grounds namely that the plaintiff has failed to establish his title. So also the suit is bad for want of notice to the Gram panchayat as per section 180 of the Bombay Village Panchayats Act, 1958. The trial Court found that even though the house belongs to the plaintiff, the portion of Baithak constitutes an encroachment made by the plaintiff.

(3.) THE plaintiff went in appeal before the District Court at Nanded. The learned District Judge, Nanded, who heard the appeal, confirmed the findings recovered by the trial Court and dismissed the appeal.