JUDGMENT -V.H. BHAIRAVIA, J.:-This appeal is brought by the appellants-original plaintiffs against the Judgment and Decree passed by the Extra Assistant Judge, Thane in Civil Appeal No. 310 of 1975, confirming the Judgement and Decree passed by the Civil Judge, Junior Division, Kalyan dated 29th June, 1975, by his judgement and order dated 28th October, 1980.

2. Short facts of the case are that, the appellants-plaintiffs had filed a suit for possession of the property bearing Survey No. 88, Hissa No. 2, admeasuring 13¼ gunthas, situated within the local limits of Kalyan Municipal Council. It is the case of the plaintiffs that the suit property being agricultural land was given to the defendant No. 1 for cultivation. It is further alleged that without the permission of the plaintiffs, defendant No. 1 parted some portion of the suit property with defendant No. 2. Thus, the defendant No. 2 occupied the suit property as a tresspasser. It is to be noted here that though the suit property was originally agricultural land, situated within the local limits of Kalyan Municipal Council, did not remain agricultural land but converted into N.A. and it reveals from the record that respondent No.

Click Here to Read the rest of this document