YESHWANT BHADUJI GHUSE Vs. VITHOBAJI LAXMAN LADEKAR

JUDGEMENT

(1.) This second appeal is directed against the judgment and order dated 30th January, 1998 in Regular Civil Appeal No. 124 of 1992 passed by 2nd Additional District Judge, Wardha whereby appeal was dismissed which was preferred against the judgment and decree passed by the Joint Civil Judge, Junior Division, Wardha in Regular Civil Suit No.138 of 1987 on 17.9.1992.

(2.) A layout of plots was carved out in land survey nos.141/1 and 141/3at Seloo by vendor of appellant/plaintiff Yeshwant. Vendor Ashok Deshpande had retained one plot admeasuring 24 x 30 square feet, shown by letters A E F C in the plaint map. Plaintiff purchased suit plot by a registered sale deed dated 13.10.1986 from Ashok Deshpande, which is shown by letters A B C D in the plaint map. Defendant purchased a plot from the same layout, shown by letters O P Q R in the plaint map whereon he constructed a residential house. In absence of plaintiff, defendant made encroachment beyond the line shown by letters O P by constructing temporary latrine (shown by letters C D). Plot purchased by plaintiff in the name of his was is bearing plot no.23. Out of Plot No.15 located just opposite Plot No.23 beyond road, plaintiff has purchased an area admeasuring 10 x 30 towards road side. Respondent/defendant did not remove encroachment and that compelled appellant/ plaintiff to file suit.

(3.) Defendant denied suit claim. He stated that he purchased his plot by registered sale deed dated 21.4.1979 from one Dajiba Talwekar, admeasuring 25 x 18. He denied purchase of plots by plaintiff for want of knowledge.