1. This is an appeal by the defendant who was unsuccessful in both the Courts below. The parties shall hereinafter be referred to as plaintiff and defendant.

2. The facts giving rise to the appeal are as follows: Plaintiff is the owner of the suit house, the same having been purchased from one Krishnarao Armarkar by a registered saledeed dated 12.12.1977. Before the sale deed came to be executed there was also an agreement of sale between krishnarao Armarkar and the plaintiff on 09.09.1977. The plaintiff submits that the possession was handed over to the plaintiff. One Kamlabai Rokde was residing in the suit property 3 to 4 years prior to the execution of the sale deed in favour of the plaintiff. The defendant who is the neighboring plot owner, in order to grab the suit property got executed a sale-deed from Kamlabai Rokde in his favour on 30.09.1977. The defendant however could not take possession of the suit property and therefore he got annoyed and caused damage to the wall. There were proceedings under Section 107 of the Criminal Procedure Code against both plaintiff and the defendant. Some proceedings were also initiated against both parties unde