SHANTARAM DEOCHAND SHINDE Vs. EKNATH DEOCHAND SHINDE

JUDGEMENT

(1.) Challenge in this appeal is to judgment rendered by learned Additional District Judge, Jalgaon, in an appeal (RCA No. 382/1983) whereby and whereunder dismissal decree passed in suit (RCS No. 25/1976) came to be reversed. Original defendants are appellants and respondent is original plaintiff. Original defendant Nos. 2 to 5 are wife and sons of defendant No. 1 - Shantaram. Original plaintiff-Eknath and defendant No. 1 Shantaram are real brothers inter se.

(2.) Subject-matter of the suit is an open space of 3 Ares area around a well situated in land bearing Gat No. 25, alongwith right to draw water from the well and use of an approach way (Dhav) to reach the well.

(3.) There is no dispute about the fact that the well is situated in land Gat No. 25 owned by defendants Shantaram and others. There is also no dispute about the fact that land Gat No. 26 is owned by the plaintiff-Eknath and is situated on eastern side of the defendants' land Gat No. 25. There is no dispute about the fact that the plaintiff-Eknath has right to draw water of the well in land Gat No. 25 and for that purpose is entitled to use the northern edge of the said land.