This Appeal is directed against the judgment and order dated 20th September, 2004 passed by the learned Judge of the City Civil Court thereby dismissing the Short Cause Suit No. 1357 of 1979. The original plaintiff no. 1 Shivram Mahadev Shinde claiming adverse possession against the Government, filed a suit for possession and injunction in respect of land admeasuring 25 acres and 12.34 gunthas bearing Survey no. 29 (Part), 30-C, 30-D, 41/1 (Part), 41/2, 41/3 and 41/4 (Part), 41-B/1, 42-B/2 and Plot Nos. 1 to 11-12 (Part) of private scheme No. “A” at Village Pahadi, Goregaon Taluka, Borivali, Mumbai.

2. It is the case of the plaintiff no. 1/Shivram Shinde that he was in possession of the suit land since 1944. He has entered into an agreement with one Jagan Babu Thakur on 15th June, 1949 for cultivating the land for two years, i.e., from 15th June, 1949 to 14th June, 1951 (Exhibit 6). On 9th April, 1970 Tahsildar of Village Pahadi issued notice that in the year 1956 that the original plaintiff had encroached upon the land and cultivated para grass. It is his case that panchnama was conducted by Talati, which shows that the land was in possession of the plaintiff/appellant, so