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2014 Supreme(Bom) 287

A.I.S.CHEEMA
Rambhau Mhatarba Fud, Deceased, through L. Rs. – Appellant
Versus
Forest Range Officer – Respondent


Advocates:
Advocate Appeared
For the Appellants:V.Y. Bhide, Advocate.
For the Respondents: S.R. Palnitkar, A.G.P.

JUDGMENT

1. Heard learned counsel for the appellants and learned A.G.P. for respondents. With the consent of learned counsel for the parties, heard finally.

2. I will refer to parties as arrayed in Trial Court. It is the case of appellants-plaintiff that the suit property agricultural land Gat No.151 (Old Survey No.125/1) from village Darewadi, Taluka Sangamner, District Ahmednagar was admittedly forest land and original plaintiff claimed that 25 acres land shown as per map annexed with the plaint, was in cultivating possession of the original plaintiff from 1950. Plaintiff claimed that he developed the land since 1957 and had been in continuous, uninterrupted adverse possession for more than 30 years and perfected the title. On 13.2.1996, possession of the plaintiff was obstructed by employees of the respondents-defendants and thus he brought the suit for declaration and ownership by adverse possession and for injunction. Respondent-defendant No.2 Forest Range Officer, Division No.2, Sangamner defended the suit. It was claimed that the land concerned was forest land and that it was not allotted to the plaintiff and that the plaintiff was not in possession.

3. Parties brought on reco












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