SULEMANKHAN Vs. BHAGIRATHIBAI

JUDGEMENT

(1.) This second appeal is directed against the judgment and order dated 20th July 2012 passed by the District JudgeI, Akola in Regular Civil Appeal No. 3 of 2009. The said appeal arose from judgment and decree passed by the Joint Civil Judge JD, Akola in Regular Civil Suit No. 6 of 2009 whereby suit was dismissed.

(2.) Facts, in brief, are that the plaintiffs own and possess field Gat No. 268 admeasuring 5.88 HR situated at village Dhamana Bk, Tahsil Akot, District Akola. Plaintiffs complained of encroachment on their land by adjacent land owner and, therefore, on 24.6.2004, Taluqa Inspector of Land Records, Akot was approached for encroachment of the suit land. Measurement was done and according to TILR, southern side landholder (defendant) made encroachment over the land of plaintiffs to the extent of 00.46 HR. Plaintiffs, therefore, served the defendants with legal notice dated 22.9.2004 calling upon them to remove encroachment. Inspite of receipt of notice defendants did not remove encroachment and hence, plaintiffs were constrained to file suit.

(3.) Defendants filed their Written Statement and denied all adverse allegations. They contended that on southern side of Gat No. 268 of village Dhamna, there is agricultural land of village Rel and in between the two villages boundaries, there is "Shivdand" of the Government which the TILR has not shown in his map. At the time of measurement, TILR failed to show plaintiffs' subdivision and for these two reasons, measurement is rendered illegal. They prayed for dismissal of suit.