JUDGMENT :

Manish Pitale, J.

The original plaintiff has filed this second appeal challenging judgment and order dated 03/08/2015 passed by the Court of Principal District Judge, Akola (Appellate Court), whereby appeal filed by the respondents (original defendants) was allowed and decree passed in favour of the appellants was set aside.

2. The predecessor of the appellants filed a suit for permanent injunction in respect of vacant plot bearing Plot No.91, Nazul Sheet No.56 in an area called Pensionpura, Sindhi Camp, Akola, Maharashtra. It was claimed by the said plaintiff that the aforesaid plot was granted to him by Ex-Serviceman Cooperative Housing Society, Akola, as he was an ex-serviceman himself, by a registered lease deed dated 27/02/1974, pursuant to which, a certificate was issued by the society being transferee share certificate No.40 in the name of the said plaintiff regarding the said plot. It was claimed that a house was constructed on the said plot, which later collapsed due to its dilapidated condition. But, the said plaintiff continued in peaceful possession of the said plot. In the plaint itself, it was stated that although the respondents (original defendants) had no c