R. C. Chavan, J. - (1.)Being aggrieved by the dismissal of his suit by the learned IVth Civil judge, (Junior Division) and subsequently his first appeal as well by the learned District judge, Buldhana, the plaintiff has preferred this appeal.
(2.)It was the plaintiff case that he was the owner in possession of the site shown by letters A, B, C and D in the plaint map. The defendant had started keeping thresher machine in one corner of the suit site and had also construed steps at point shown by letter E in the plaint map. The plaintiff insisted that the defendant should stop use of the suit property, but the defendant did not pay any heed. Therefore, the plaintiff filed the suit for declaration of his ownership, perpetual injunction to restrain the defendant from using the site and mandatory injunction to direct the defendant to remove the steps.
(3.)The respondent/defendant resisted claim contending that the suit site does not belong to the plaintiff and that in fact, the site was owned by him since time of his forefathers. He therefore, branded the plaintiff's suit as an attempt to grab property, and therefore, sought dismissal of the suit.