Mahadeo Haribhau Chowdhary Vs Swati Sahakari Griha Rachana Sanstha Maryadit and Anr.

The petitioner has approached this Court against the order passed by the Cooperative Appellate Court on 17.3.2009. The cooperative Appellate Court has reversed the findings of the trial Court in dispute No.34 of 1995. The trial Court had held that the respondent society had not proved that the petitioner had encroached upon the open space which was surrounding plot No.31 allotted to him. In the written statement, the petitioner has stated that he was not only allotted plot No.31 but also the open space adjoining plot No.31. The respondent society had placed on record the layout which was certified and issued by the office of the DILR. The record indicates that the petitioner neither cross examined the witness of the society nor examined himself.

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In these circumstances, the appellate Court, in my view, has rightly held that it was for the petitioner to indicate that he was in possession of the surrounding area of plot No.31 because he was allotted the same and that it was not by way of encroachment. The plan produced by the society indicated that plot No.31 was of an area of 212.5 sq.metres. In these circumstances, in my opinion, the order of the appellate Court cannot be faulted.

3. Petition rejected.

Mahadeo Haribhau Chowdhary v. Swati Sahakari Griha Rachana Sanstha Maryadit and Anr.