STATE OF GUJARAT Vs. MAHENDRAKUMAR PARSHOTTAMBHAI DESAI

JUDGEMENT

(1.) The State of Gujarat has preferred these appeals by special leave impugning the judgment and order of the High Court of Gujarat at Ahmedabad dated May 7, 2002 in First Appeal No. 969 of 1994. The High Court dismissed the appeal preferred by the State and affirmed the judgment and decree of the 3rd Joint Civil Judge, Vadodara in Special Civil Suit No. 776 of 1992 dismissing the suit preferred by the State for declaration of its right, title and interest over the lands in dispute. The State has also impugned the judgment and order of the same date whereby two Civil Application Nos. 964 and 1150 of 2002 in First Appeal No. 969 of 1994 moved by the appellants for adducing additional evidence were dismissed. All the three appeals are being disposed of by this judgment.

(2.) Before adverting to the facts of the case it is necessary to briefly notice the facts and the proceedings which preceded the filing of the suit by the State of Gujarat.

(3.) The respondents claimed to be the owners of 138 Vighas 19 Vasas of land recorded under various zerif numbers in the Fesal Patrak of the year 1892. According to the respondents out of the aforesaid lands, lands admeasuring 85 Vighas 1 Vasa were acquired by the then State of Baroda. Thus an area of 53 Vighas and 18 Vasas remained in the ownership and possession of the respondents.