UKARDA Vs. DEOLAL

JUDGEMENT

(1.) This an appeal against the judgment of First Appellate Court in Regular Civil Appeal No. 157 of 1992. The facts giving rise to the present appeal in short is as under (The parties shall be referred by their status in the trial Court):

(2.) The plaintiff (respondent) has filed R.C.S. No. 265 of 1989 before the Civil Judge Junior Division, Telhara alleging that defendant (appellants in the present appeal) has encroached on his land bearing Gat No. 257. It is the contention of the plaintiff (respondent) that he measured the land on 20.05.1988. The land of Gat No. 257 was measured by the District Inspector of Land Records (DILR), Akola. The defendant (appellants) appeared before the Civil Judge Junior Division, Telhara and filed his written statement. He has contended in his written statement that his land Gat No. 256 was not measured by the Surveyor and, therefore, measurement is wrong. Issues were framed. Both parties adduced their respective evidences. The trial Court recorded its findings holding the encroachment is proved by the plaintiff (respondent) made by the defendant (appellants). The trial Court has recorded its findings that the defendant has perfected his title by way of adverse possession and, therefore, suit was filed.

(3.) The plaintiff (respondent) filed Regular Civil Appeal No. 157 of 1992 before the Joint District Judge, Akola. The First Appellate Court has recorded its findings that as per the measurement map (Exh. 50), the encroachment by the defendant (appellants) is proved by the plaintiff (respondent) and, therefore, allowed the appeal and directed the defendant (appellants) to handover the possession of encroached portion shown in the map [Exh. 50 (49)]. Being aggrieved by the judgment of First Appellate Court, Akola, the defendant (appellants) has filed the present appeal.