1. This is a defendant's second appeal. The facts giving rise to this appeal are as follows -

The suit was initially instituted by one Surendrasing Ramrao Naik through his constituted attorney Shri Vishveshwar Tukaramji Giripunje. Subsequently, the original plaintiff Surendrasing sold the suit property to his constituted attorney Vishveshwar. Both now are plaintiffs in this suit. The defendant Manohar is the neighbour of plaintiff. The plaintiff is the owner of open land in ward no.26, Circle no.6 Zilla Road, Mahal Nagpur. The defendant has his house towards North of the said land bearing Municipal Corporation No.342/1. The plaintiff submits that the defendant has committed encroachment shown by letters HBCDNPT as shown in the plaint map, and the encroachment is to the extent of 159 sq.ft. It is alleged that the defendant committed the encroachment by constructing a Well in the year 1980. The plaintiff further contends that there was a dispute regarding the land ABCD EFGH covered by blue lines in the plaint map with the Nazul department, who claimed that the land belonged to the nazul department. The plaintiff had, therefore, instituted Civil Suit No.312