JUDGMENT :

M.G. Giratkar, J.

This is a second appeal against the judgment of first appellate court / Additional District Judge, Gondia in Regular Civil Appeal No. 99/1987. The facts giving rise to this present appeal in short is as under :

Deceased Daulat Haridas Raikwar (Defendant) - (Parties are referred as per their nomenclature in the civil suit). The plaintiff (predecessor in title of respondent in this appeal) filed Regular Civil Suit No. 232/1979 before Civil Judge Jr. Division Gondia for permanent injunction. It was the case of the plaintiff that the suit land plot no. 2301 situated in Killa Ward, Tiroda admeasuring about 48 North X 48 South X 13 East X 11 West was purchased in the year 1960 from the defendant for the consideration of Rs.50/-. The defendant gave physical possession to the plaintiff. Since then plaintiff is in peaceful, undisturbed, physical possession of the suit land. The plaintiff is paying municipal taxes from the year 1960-61.

2. In 1979 plaintiff secured required permission from the municipal authority and started construction of septic tank of latrine and bathroom of the said land. The defendant (appellant) tried to obstruct work on 18.05.1979. Wife of pl