JUDGMENT :

BHARAT P. DESHPANDE, J.

1. Original Plaintiff is challenging concurrent findings of both the Courts below in the present Second Appeal. On 30.11.2010, this appeal was admitted on the following questions of law;

“(i) When both the Courts have held that Shankar has sold 2 hectares 6 ares land to the Plaintiff and when the compromise decree on record shows that the Shankar has received half share i.e. 4 hactares 12 ares land then whether the Plaintiff can be non-suited only on the ground that Plaintiff could not prove that at the time of sale deed he was put in possession of the said land, more particularly, when there is no case of adverse possession by the Defendants?

(ii) Whether the measurement is legal and proper?”

2. In nutshell, Plaintiff filed a suit bearing RCS No. 12/1993 before the Civil Judge, Junior Division, Latur for possession and mesne profits against Defendants/Respondents herein. The prayer clauses in the suit read thus:

(1) That, a decree for possession of the land adm. 9R, from southern side of the suit land which is shown in blue colour in the map and 80R. which is shown in red colour in the map be passed and the Plaintiff be put in khas possession by evicti