DASHRATH CHINDHUJI DHURVE Vs. PANDURANG RAJARAM GEDAM

JUDGEMENT

(1.) This appeal is directed against judgment and order dated 19th August, 2006 passed by learned 2nd Additional District Judge, Wardha in Regular Civil Appeal No.135 of 1994 whereby the appeal challenging dismissal of Regular Civil Suit No. 25 of 1992 by the IV Joint Civil Judge, Jr.Dn., Wardha was dismissed.

(2.) The facts which gave rise to the Second Appeal, in nutshell, are as under :

(3.) The trial Court found that the plaintiff possessed the suit plot but the allotment letter (Exh.43) and receipt of payment (Exh. 51) did not establish the allotment of the suit plot. As against plaintiff's claim, the defendant relied upon allotment letter (Exh.64) and established the date of allotment as 16.4.1989. The records of Gram Panchayat as to mutation of plaintiff's name, indicate that it was done in the year 1991. The evidence did not establish that the suit plot was allotted in favour of the plaintiff prior to 16.04.1989. The plaintiff relied upon document Exh.51 which reveals serial number 524 ; whereas defendant relied upon document Exh.63 which reveals receipt of serial number 45 (prior to the plaintiff's document ). Thus, the trial Court recorded a finding of the fact that the document of title of the defendant appeared trustworthy although plaintiff could establish that he had constructed the house on suit plot, which was unauthorized and for which penalty was levied (Exh.47), house tax receipt (Exhs. 49 & 50) were also produced. Thus, the trial Court found that plaintiff was in unlawful possession of suit plot though he had no title to the suit plot; while the defendant was the true owner of the plot. Thus, suit was dismissed with costs.