1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION SECOND APPEAL NO.11 OF 2010 WITH CIVIL APPLICATION NO.40 OF 2010 Shri Nagesh Appa Nidan )..Appellant Vs. The State of Maharashtra & Ors. )..Respondents ---- Mr.Amit B.Borkar for the appellant. ---- Coram : R.S.MOHITE,J Date : 22nd January, 2010 PC 1 This is a Second Appeal filed by the original plaintiff against the judgment and decrees of the two lower Courts which have by concurrent findings dismissed the suit of the plaintiff for declaration of ownership on the basis of adverse possession and injunction. The record indicates that in order to prove his alleged adverse possession, the plaintiff did not enter into witness box. The case of the plaintiff was sought to be proved by him by the evidence of his son who was a minor at the time of the original transaction. The admitted position is that the plaintiff was put in possession under an agreement of license. It is contended that after the license expired, the plaintiff would become trespasser. It is not shown to me that after the expiry of the license any notice for eviction of the licensee from the land was given. The only mention regarding the notice pertaining to removal of illegal shed constructed on the license land. Such a notice will not be sufficient. No substantial question of law is involved in this Second Appeal. Second Appeal is therefore, summarily dismissed. 2 CIVIL APPLICATION NO.40 OF 2010 1 As the Second Appeal is dismissed, Civil Application does not survive and stands disposed off accordingly. (R.S.MOHITE,J) 3