JUDGMENT :

Hrishikesh Roy, J.

1. Heard Mr. S. Niranjan Reddy, learned senior counsel for the appellant. The respondents (defendants) are represented by Mr. V.K. Shukla, learned senior counsel.

2. Leave granted. The appellant now (represented by his daughter) filed the Civil Suit No.332/2003 alleging encroachment by the two defendants namely Ramdwar Mahavir Pande and Sudamadevi Pande. The plaintiff’s contention in the Suit was that on 28.12.1995, he had purchased land (measuring 1 Hectre 62 Acres) from Survey No.25 within the municipal limits of Amravati, for consideration of Rs.2,10,000/. The sale deed (Exhibit 47) was executed through the plaintiff’s registered Power of Attorney holder and it was specified therein that a portion of the purchased land is encroached by Radhwar Pande and Sudamadevi Pande. According to the plaintiff, he measured his land on 23.11.2002 and learnt that the defendant no.1 had committed encroachment to the extent of 35 R from the Southern side while the defendant no.2 (related to the defendant no.1), had encroached about 3 R land from the same Southern side of his land. Both defendants were asked to remove their encroachment by the plaintiff and his daughter