LAWS(GJH)-2011-6-90

LAXMANBHAI JESINGBHAI VANSFODA Vs. CITY SURVEY SUPERINTENDENT

Decided On June 27, 2011
LAXMANBHAI JESINGBHAI VANSFODA Appellant
V/S
CITY SURVEY SUPERINTENDENT Respondents

JUDGEMENT

(1.) THIS appeal is directed against the judgment and order dated 12.12.2000 passed by the learned 2nd Joint District Judge, Mehsana in Regular Civil Appeal No. 76 of 2000 whereby, the said appeal was dismissed and the judgment and decree dated 27.04.2000 passed by the learned 3rd Joint Civil Judge (SD), Mehsana in Regular Civil Suit No. 284 of 1997 was confirmed.

(2.) THE facts in brief are that appellant-original plaintiff preferred Regular Civil Suit No.284/1997 against the respondents-original defendants before the Court of learned 3rd Joint Civil Judge (S.D.), Mehsana seeking permanent injunction. In the said suit, it was inter alia stated that the appellant-original plaintiff is residing in the suit land for more than 60 years and he had become the owner of it and the respondents-original defendants had no right over the suit land. It was further stated that though he is in adverse possession of the suit land and on the basis of adverse possession he had become the owner of it. THErefore, appellant-original plaintiff had prayed for issuance of permanent mandatory injunction against the original defendants.

(3.) CONSIDERING the facts of the case, in my opinion, both the Courts below were completely justified in passing the impugned judgment. I am in complete agreement with the concurrent findings recorded by both the Courts below and hence, find no reason to interfere in this Appeal.