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2004 Supreme(Bom) 681

S.T.KHARCHE
Niranjanabai Chandrakant Vira – Appellant
Versus
Pramilabai Balkrishna Zade & another – Respondent


JUDGMENT - KHARCHE S.T., J.:-By invoking the jurisdiction of this Court under section 100 of the Code of Civil Procedure, the unsuccessful original plaintiff has filed this second appeal against the judgement dated 21-10-1989 passed by the learned Additional District Judge in Regular Civil Appeal No. 113 of 1985 whereby the appeal came to be dismissed and the judgment and decree dated 9-1-1985 passed by the learned Joint Civil Judge, Junior Division was confirmed dismissing the suit of the plaintiff seeking relief of possession of the land shown by letters B, C, D, M and L, E, J, K in the map annexed with the plaint.

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

The plaintiff claimed to be the owner of Nazul plot No. 7 in Sheet No. 55-B in Ambapeth, Amravati which has been purchased by her as per the registered sale deed dated 28-6-1977 from the vendor Abdul Samad s/o Majid Khan admeasuring 1322 sq. ft. It is contended that on or before 28-6-1977 the defendants wrongfully obtained the possession of the land shown by the letters BCDM and LEJK in the map annexed with the plaint and therefore, they were served with notice calling upon them for removal of the said encroachment, b
























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