GOPALBHAI MEGHAJIBHAI PATEL Vs. SECRETARY

JUDGEMENT

(1.) Present Second Appeal has been filed by the Appellants - Plaintiffs posing the substantial question of law as follows:

(2.) However, only one question has been formulated as follows:

(3.) The facts of the case briefly stated are that the Appellant No. 1 is the Power of Attorney of the Appellant Nos. 2, 3 and 4. Therefore, Regular Civil Suit No. 1003 of 1986 was filed before the Court of learned Civil Judge (SD), Junagadh for declaration and permanent injunction against the Respondents with regard to the suit land bearing Survey No. 165 of Sardargadh and claiming the declaration for the ownership of the Appellant. It was also filed challenging the order of revenue authorities, including the order passed by Secretary, Revenue Department and the Collector, Junagadh. The said Suit was decreed by the learned Civil Judge (SD), Junagadh vide judgment and order dated 31.3.1999 declaring the order passed by the Collector, Junagadh as well as Secretary, as illegal and unconstitutional and also granting the declaration regarding the ownership of the suit land of the Appellants - Original Plaintiffs. Therefore, Regular Civil Appeal No. 14 of 2000 came to be filed by the original Defendants before the District Court, Junagadh on the grounds set out in detail in the memo.