JUDGMENT

Abhay Manohar Sapre, J.

1) Leave granted.

2) This appeal is filed by the defendant against the final judgment and order dated 11/12.10.2012 passed by the High Court of Judicature at Bombay, Nagpur Bench, Nagpur in Second Appeal No.304/1997 whereby the Single Judge of the High Court allowed the appeal filed by the respondent herein and reversed the judgment/decree dated 26.08.1996 passed by the 3rd Additional District Judge, Nagpur in Regular Civil Appeal No.152/1989 which arose out of judgment/decree dated 31.01.1989 passed by 3rd Joint Civil Judge, Junior Division, Nagpur in Regular Civil Suit No.1210/1985, which had dismissed the respondent’s civil suit.

3) In order to appreciate the short controversy involved in the appeal, few relevant facts need mention hereinbelow.

4) The appellant is the defendant whereas the respondent is the plaintiff in a civil suit out of which this appeal arises.

5) The dispute relates to plot No.12 of field No.13/3, P. H. 44 situated in Mouza Parsodi Tahsil, District Nagpur admeasuring 1625 sq.ft. (hereinafter referred to as the “suit land”).

6) The suit land originally belonged to one Housing Co-Operative Society called – “Subhash Nagar Gruha Nirman