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2008 Supreme(Bom) 1664

S.S.SHINDE
MARUTI BAL WANT PAWAR and others – Appellant
Versus
MAHATMA PHULE AGRICULTURAL UNIVERSITY, AHMEDNAGAR – Respondent


Advocates appeared:
For appellants: V. S. Bedre
For respondents: M. N. Navandar

ORDER :-

The present Second appeals are directed against common judgment and decree passed by I-Ad-hoc Additional District Judge, Ahmednagar in Regular Civil Appeal Nos. 15/1999 and 16/1999 dated 12-6-2003.

The background facts of the case are as under:

2. The dispute is in respect of agricultural land bearing S. No. 40/2E consisting of 77 Are situated at village Rahuri, Tq. Rahuri, Dist. Ahmednagar. The present defendants are the owner and possessor of the said agricultural land.

3. The plaintiff agricultural university alleging that the suit land and other lands proposed for acquisition of lands for public purposes therefore, an award was declared and accordingly authorities have handed over the possession of the suit land to the university.

4. It is further contended that though the authorities bring the lands under cultivation but same was unauthorisedly occupied by the defendants by encroaching. It is further contended that some of the agriculturists handed over the possession of the lands to the plaintiff university by mutual understanding. Therefore, the plaintiff files suit for removal of encroachment and for possession of the suit lands, the plaintiff also claims damages from






























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