PANCHAKSHARAPPA TATAPPA Vs. CHIEF OFFICER

JUDGEMENT

(1.) THE plaintiff is the appellate. The suit for declaration that the plaintiff is the owner of CTS 5234 as shown in 'abcd' portion situated at Laxmeshwar and for mandatory injunction for removal of Morum stored in the suit site, was dismissed by the Trial Court and such dismissal was confirmed by the Appellate Court on appeal preferred by the plaintiff. Hence, the second appeal.

(2.) CLAIMING to be the absolute owner in possession, the plaintiff complained unauthorised storing of Morum and Khadi over the area marked ABCD; the defendant while admitting such a storage disputed the title of the plaintiff over the area and alternative claimed to have perfected the title by adverse possession. The adverse possession was claimed on the ground that a portion of the suit property was being used by the genera, public for more than 100 years. The question of limitation also was raised.

(3.) THE Trial Court finding that the plaintiff has not proved ownership and possession, upheld the plea of the defendant on adverse possession and dismissed the suit, The Appellate Court confirmed such dismissal holding that even if the plaintiff proved the title, the possession of abcd of TMC 5234 is not proved. Commenting upon the plaintiff's omission to get the entire property measured for fixing up the boundary for demarcation of the portion of the open site, the appellate Court disagreed with the claim of the plaintiff.