JUDGEMENT :- This is a second appeal by the appellant-plaintiff against the concurrent decisions of both the Courts below dismissing his suit for possession of 33 gunthas area from out of field Survey No. 59/1, area 3 acres 12 gunthas, of village Nimbhari in Malkapur taluqa of Buldana district.

2. The appellant-plaintiff claimed to have purchased the suit land Survey No. 59/1, Area 3 acres 12 gunthas, land revenue Rs. 8/- of village Nimbhari from Onkar Sakharam Patil, his brothers and certain other persons under a registered sale deed Ex. 33 dated 2-1-1961. It was the contention of the appellant-plaintiff that in the months of June 1963 and June 1964, the respondent who was cultivating the adjoining pot-hissa Survey No. 59/1-A, 3 acres 8 gunthas area, encroached upon 33 gunthas land from the plaintiff's field Survey No. 59/1. The appellant-plaintiff got the land measured on 24-5-1965 and the measurement revealed that the respondent had encroached upon 33 gunthas land from Survey No. 59/1 shown in the map Ex. 30 by red colour. Therefore the plaintiff instituted the suit on 25-11-1965 claiming possession of the encroached land. These contentions were denied by the respondent, who alte

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