NAMDEO DADA BADHE Vs. BALU PATILBUA KHAPAKE

JUDGEMENT

(1.) This Second Appeal is directed against the judgment and decree passed by the learned Joint Civil Judge, Senior Division, Ahmednagar, in Regular Civil Suit No. 185 of 1983 decided on 27.2.1987, thereby directing the Defendants to put the Plaintiff-Respondent No. 1 in possession of the property and for paying Rs. 4,500/= with interest at the rate of 6 per cent per annum from the date of order till realisation of the amount, as mesne profit prior to the institution of the suit, which judgment and decree is further confirmed by learned Additional District Judge, Ahmednagar, by his judgment and order in Regular Civil Appeal No. 350 of 1987 decided on 29.3.1988.

(2.) Briefly stated, case of Respondent No. 1plaintiff is that the suit block No. 322 admeasuring 45 acres 8 gunthas situated at village Gondegaon, taluka Shrirampur, District Ahmednagar was belonging to him. It was inam land and under the provisions of the Bombay Services Inam (Useful To Community) Abolition Act, 1953, the land was regranted to him by Tahsildar, Shrirampur as new tenure in the year 1959. Plaintiff had paid occupancy charges and acquired title to the suit land. Block No. 322 was originally consisting of survey Nos. 115 and 116 but those were consolidated and renumbered as block No. 322.

(3.) It is further case of Respondent No. 1plaintiff that the land was Hal Inam land since time of his grand father. The land was initially in the name of his grand father and thereafter in the name of his father and then in his (plaintiff's) name. Plaintiff-Respondent No. 1 was serving in Railways. When he was absent from the village, Defendants encroached upon the suit land and, therefore, he filed suit for possession on title and mesne profit.