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2003 Supreme(Bom) 936

S.T.KHARCHE
Kisanlal Maniklal Rathi – Appellant
Versus
Dinkar Yashwant Patil – Respondent


JUDGMENT - KHARCHE S.T., J.:-Invoking the jurisdiction of this Court under section 100 of the Code of Civil Procedure, 1976 the original plaintiff has come up in second appeal being aggrieved by the judgment and decree passed by the first Appellate Court on 19-7-1987 in Reg. Civil Appeal No. 131 of 1984 confirming the judgment and decree passed by the trial Court on 20-9-1984 in Reg. Civil Suit No. 133 of 1981 dismissing the suit of the plaintiff seeking relief of possession on the strength of title as well as on the ground that the defendant has made encroachment to the extent of 2 gunthas on the land of the former.

2. Brief facts are required to be stated as under:

The plaintiffs is the owner of agricultural land bearing Survey No. 75/4-A situated at Nandura, district Buldana. It is contended that the plaintiff had purchased the land of 7 gunthas from the erstwhile owner Motisingh by virtue of four different sale-deeds executed by Motisingh on 2-7-1974, 29-8-1974, 4-10-1974 and 5-2-1975. The case of the plaintiff is that the defendant has no right, title or interest in the said land owned by him and the defendant has made encroachment to the extent of 2 gunthas on the said land.





















































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