1 This is an appeal preferred by original defendants against whom declaration was given that the sale dt. 17-10-2008 in respect of suit land was void ab-initio and further the defendants / appellants are directed to deliver possession of suit land to the extent of 13 guntha within three months from the date of order on condition that plaintiff shall deposit an amount of Rs. 1200/- in the court within one month from the date of the order. Said judgment and decree passed by the Jt. Civil Judge, Jr.Dn., Kopargaon in Regular Civil Suit no. 289/1976 is confirmed in appeal by District Judge, Ahmednagar by deciding Regular Civil Appeal no. 38/1981 on 8-1-1985.

2 Briefly stated, facts giving rise to this appeal may be stated as below:- . The suit land is 13 guntha land out of survey no. 108/1+2/3/P2/2 situate at Pohegaon, Tq. Kopargaon. Suit land was originally belonging to the plaintiff / respondent. Some of the history of the litigation is undisputed at this stage and may be summarised as below :-

. Plaintiff filed suit bearing Regular Civil Suit no. 310/1962 for possession against the present appellants on the ground that they have made encroachment. The suit was decreed. I