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SA769-770-2008+WP607-1993.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD

SECOND APPEAL NO. 769 OF 2008

Tanaji s/o Narayandeo Pawar,

Age : 40 years, Occu : Agriculture,

R/o : Shirsi (Hangarga), Tq. Nilanga,

District Latur.

... Appellant

(Orig. Plaintiff)

Versus

Angad s/o Shamrao Suryawanshi,

Age : 46 years, Occu : Service,

R/o. Shirsi (Hangarga)

Now at Jalkot, Tq. Omerga,

District Osmanabad.

... Respondent

(Orig. Defendant)

WITH

SECOND APPEAL NO. 770 OF 2008

Tanaji s/o Narayandeo Pawar,

Age : 40 years, Occu : Agriculture,

R/o : Shirsi (Hangarga), Tq. Nilanga,

District Latur.

... Appellant

(Orig. Plaintiff)

Versus

Angad s/o Shamrao Suryawanshi,

Age : 46 years, Occu : Service,

R/o. Shirsi (Hangarga)

Now at Jalkot, Tq. Omerga,

District Osmanabad.

... Respondent

(Orig. Defendant)

vre/-

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SA769-770-2008+WP607-1993.odt

WITH

WRIT PETITION NO. 607 OF 1993

Tanaji s/o Narayanrao Pawar,

Age 27 years, Occ : Agriculture,

R/o Sirshi Hangarga,

Taluka Nilanga, District Latur.

... Petitioner

(Orig. Respondent)

Versus

Angad s/o Shamrao Suryawanshi,

Age 40 years, Occ : Service and Agri.

R/o Hangarga, Taluka Nilanga,

District Latur.

... Respondent

(Orig. Applicant)

…..

Advocate for the Appellant in both Second Appeals and the

Petitioner in Writ Petition : Mr. V. D. Salunke

Advocate for the Respondent in all three matters : Ms.

Madhveshwari S. Mhase

.....

CORAM : V. K. JADHAV, J.

RESERVED ON : 21.01.2021

PRONOUNCED ON : 07.05.2021

JUDGMENT :-

1.

The appellant-original plaintiff Tanaji had instituted a

suit bearing R.C.S. No. 90 of 1994 for a decree of perpetual

injunction restraining the defendant from obstructing his

possession over the suit property i.e. the agricultural land

vre/-

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SA769-770-2008+WP607-1993.odt

Survey No. 46/B-01 (new Gat No. 18) ad-measuring 4 acres

23 gunthas (01 H. 55 Arrs.) situated at village Shirsi

Hangarga, Taluka Nilanga. According to the

appellant/plaintiff, he had purchased the suit land on

31.03.1990 under a registered sale deed for a valuable

consideration of Rs. 55,000/-from the original owner

Vithoba Nagu Surwase However, since Gudi Padwa in the

year 1987, the appellant-plaintiff was in possession of the

suit property on batai basis. On 17.04.1990, Mutation Entry

No. 414 came to be sanctioned. According to him, the father

of the respondent/defendant himself voluntarily surrendered

his right as a protected tenant. So, on 07.11.1959, name of

the father of the respondent/defendant came to be deleted

from the tenancy register. Thus, since Gudi Padwa 1987 till

institution of the suit, the appellant-plaintiff was in

possession of the suit property. However, since 13.02.1994,

the respondent-defendant had started obstructing plaintiff’s

possession. It is the contention of the appellant-plaintiff that

the father of respondent-defendant had instituted a civil suit

in respect of the northern half portion ad-measuring 10 acres

39 gunthas of Survey No. 46 against the vendor of the

appellant-plaintiff. However, the said suit bearing R.C.S. No.

vre/-

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SA769-770-2008+WP607-1993.odt

32 of 1958 came to be decreed to the extent of 2 acres 39

gunthas, In the said suit, it was held that the father of the

respondent/defendant was not concerned with the

remaining 8 acres of land. As per the judgment delivered in

R.C.S. no. 32 of 1958, the original owner Vithoba Nagu

Surwase (the vendor of the appellant-plaintiff) was held as

the owner of the remaining 8 acres of land. Out of the 8

acres of land, the appellant-plaintiff has purchased the land

ad-measuring 4 acres 23 gunthas and he is in possession of

the same. Even the father of the respondent-defend