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2023 Supreme(Bom) 2135

M. S. JAWALKAR
Kisanlal Maniklal Rathi – Appellant
Versus
Dinkar Yashwant Patil – Respondent


Advocates appeared:
P.R.Puri, Advocate, T.S.Deshpande, Advocate

JUDGMENT/ORDER

1. Heard.

2. The present second appeal is filed being aggrieved by the judgment and decree passed by the learned First Appellate Court on 19/07/1987 in Regular Civil Appeal No.131 of 1984 confirming the judgment and decree passed by the learned Trial Court on 20/09/1984 in Regular Civil Suit No.133 of 1981 dismissing the suit. Plaintiff filed suit seeking relief of possession on the strength of title as well as on the ground that the defendant has made encroachment to the extent of 2 gunthas on the land of the former.

3. The facts of the present case are as under: The plaintiff is the owner of the agricultural land bearing survey no. 75/4-A situated at Nandura district Buldhana. The plaintiff had purchased 7 gunthas of land from field Survey No.75/4-A of Nandura, Dist. Buldhana from its previous owner Motisingh Bankatsinha under different sale deeds on 02/07/1974, 29/08/1974, 04/10/1974 and 05/02/1975 and since then, he is in possession of the same as an owner thereof. The case of the plaintiff is that the defendant without any right, title or interest encroached upon a portion of 2 gunthas of the said land (hereinafter referred to as the suit land), in Summer 1976 an

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