1. This Second appeal filed by the original Plaintiff arises from the Judgment and order dated 28-02-2002 passed by the Adhoc Additional District Judge Nagpur in Regular Civil Appeal no.254 of 1993 which was allowed by setting aside the decree for possession and damages awarded by judgment and order dated 01-02-1993 in R.C. Suit no.827 of 1986 passed by the 4th Jt. C.J. J. D. Nagpur in which counterclaim was rejected .The first appellate court negatived the claim of the plaintiff that the defendant made encroachment over the suit plot in January 1982 and held that the defendants possession was protected under Section 53-A of the Transfer of Property Act 1882.

2. The suit was instituted on 02-05-1986. The dispute relate to the land Khasra no. 6/1, a plot no 3 admeasuring 1650 Sq. Feet (30 feet X 50 feet approx.) situated at Manewada, Balaji Nagar at Nagpur which as alleged was agreed to be sold for the sum of Rs.3000/- out of which the sum of Rs.500/- earnest money was paid (vide Ex 47) and the balance amount was payable at the time of the execution and registration of the Sale deed. It was agreed to be executed within six months. The plaintiff had delivered possession on 05-