Judgment

M. Jagannadha Rao, J.-This appeal has been preferred by the plaintiff in the suit against the judgment and decree of the Bombay High Court in S.A. No. 543 of 1979 dated 19.1.1987. By that judgment the Second Appeal was allowed, the judgment dated 16.3.1979 of the lower appellate Court decreeing the plaintiff-appellant’s suit was set aside and the judgment of the trial court in Civil Suit No. 151 of 1975 passed by the Third Joint Civil Judge, Junior, Division, Aurangabad dated 23.2.1977 was restored. The dispute between the parties, who are neighbours, covers an extent of 25 x 11 upon which the defendant constructed two rooms. The appellant’s case is that the above extent is part of the appellant’s property and that the defendant-respondent has encroached upon it and has made the construction of the two rooms. The suit is for possession of the area of 25 x 11 and for directing removal of the two rooms. Pending these proceedings, the plaintiff-appellant died and her legal representatives were brought on record.

2. The brief facts of the case are as follows :

The plaintiff-appellant purchased open space 75 x 25 from the com­mon-owner, one Mohd. Ali on 14.1.1966 for Rs. 700