JUDGMENT - KHARCHE S.T., J.:-By this second appeal, the original plaintiff has challenged the judgment and decree dated 18-9-1987 passed by the Appellate Court in Reg. Civil Appeal No. 173 of 1983 allowing the appeal by setting aside the judgment and decree dated 25-7-1983 in Reg. Civil Suit No. 55 of 1977 by which the claim of the plaintiff for possession was decreed and the defendant No. 1 was directed to deliver the possession of Plot No. 1 admeasuring 30 x 40 feet in Ward No. 15 within the municipal limits of Achalpur, after removing the structure standing thereon.

2. Brief facts are as under:

The agricultural land admeasuring 5 acres 20 gunthas was originally owned by Smt. Rukhminibai Deshmukh. The said land was purchased by virtue of registered sale-deed dated 22-8-1956 by 110 persons for construction of their houses. The plaintiff was one of them. The said land was converted into non agricultural use and subsequently a lay-out for residence in the said land was drawn. The distribution of the plots was made by the panch Committee on 28-2-1967 and a document for allotment (Ex. 32) was prepared. The plot No. 1 was allotted to the plaintiff and Plot No. 37 was allotted to Phulch

Click Here to Read the rest of this document