A.B. Chaudhari, J.

1. Being aggrieved by the judgment and decree dated 14-11-1994 passed by 5th Jt. Civil Judge Jr. Dn. Amravati in Reg. Civil Suit No. 641/1992 and confirmed by judgment and decree dated 20-7-1999, passed by Addl. District Judge, Amravati in Reg. C.A. No. 315/1994, the unsuccessful plaintiff-appellant had filed the present second appeal.

Facts :

The appellant-plaintiff had filed a suit for possession of the suit property from the respondent-defendant. It was the case of the appellant-plaintiff that Khushalsingh, his grandfather was original owner who had sons namely; Kanayasingh, Shamsingh, Premsingh and his widow Chhotibai. After death of Khushalsingh, the mother and brothers effected the partition in the year 1958 and the suit property went to the share of Chhotibai while others took their respective shares in their possession. Chhotibai was residing with Premsingh and by a registered Will dated 9-12-1966, she bequeathed her share to the plaintiff-appellant, who was then minor. However, the suit property was forcibly taken into possession and construction was also made on the open plot after demolition of the old house by defendant without getting any plan s