JUDGMENT :

1. The present Appeal is at the instance of original Plaintiff who is aggrieved by the judgment and decree dated 19th August, 2015 passed by the Appellate Court in Regular Civil Appeal No. 69 of 2007 dismissing the Appeal and thereby confirming the judgment and decree dated 28th February, 2007 passed by the Trial Court in Regular Civil Suit No. 105 of 2003 dismissing the suit.

FACTUAL MATRIX :

2. RCS No. 105 of 2003 was instituted seeking declaration of ownership of Gat No. 59, Hissa No. 1 and for an order of perpetual injunction restraining the Defendant from interfering with peaceful possession of the Plaintiff. The case of the Plaintiff was that the ownership of suit property i.e. Gat No. 59, Hissa No. 1 was acquired by the Plaintiff’s father Maruti Narayan Patil, under the tenancy law. Maruti Narayan Patil expired on 15th September, 1980 and thereafter the Plaintiff is cultivating the suit property as owner. On 27th October, 2003, the Defendant obstructed the possession of the Plaintiff, hence, the suit came to be filed.

3. The suit came to be resisted by the Defendant stating that Survey No. 38, Hissa No. 1A and Survey No. 38, Hissa No. 1C was owned by one Ganesh Pandur