BALARAM DAYARAM Vs. BHAUSING HARISINGH

JUDGEMENT

(1.) This second appeal is preferred by original plaintiffs whose suit for possession of 2 acres land out of survey No. 10/2 and mesne profit bearing Regular Civil Suit No. 157 of 1977 though decreed by learned Joint Civil Judge, Junior Division, Kannad, on 5.8.1988 said judgment and decree is reversed by learned II Additional District Judge, Aurangabad in Regular Civil Appeal No. 193 of 1988 decided on 17.1.1990.

(2.) It is necessary to refer to original pleadings of the parties and decisions of the courts before we come to the substantial questions of law which arise in this second appeal.

(3.) Original Plaintiff Balaram s/o Dayaram filed suit for possession of 2 acres of land out of survey No. 10/2 totally admeausring 8 acres 2 gunthas, and for mesne profit for past three years alleging that respondent defendant had no concern with the eastern side 2 acres 3 gunthas land out of said survey No. 10/2 situated at Nachanwel, Taluka Kannad, District Aurangabad and the defendant made encroachment over the said portion of 2 acres 3 gunthas land and in spite of repeated demands, he did not remove the encroachment. In these circumstances, suit is filed for possession on title with past mesne profit.