CHAMAR PUNJABHAI GALABHAI Vs. HARIJAN DHUDABHAI RUPABHAI

JUDGEMENT

(1.) THE appellants have preferred this appeal under Section 100 of the Code of Civil Procedure on the following substantial questions of law formulated in the memorandum of appeal:

(2.) THE respondents-original plaintiffs filed Regular Civil Suit No. 31 of 1990 in the Court of learned Civil Judge (Junior Division), Palitana, for a direction to the defendants to remove the encroachment made on the suit property. It was the case of the plaintiffs that they had taken land admeasuring about 61.3 x 61.3 sq. ft. situated in Ratanpar village from the State and by order dated 13.7.1944 passed by the authority, they had become owner of the said land. THE predecessors of the plaintiffs made construction of residential house on the said land. THEre is open land admeasuring 61 ft. on the East-West side and North-South side of the said property. THE defendants are neighbours residing on the North-West side of their property and have made encroachment on the open land belonging to the plaintiffs before about 15 to 20 days without any right. THE defendants made encroachment on the Southern side of their house. THErefore, suit was filed for removal of encroachment.

(3.) BEING aggrieved by the said decision, the appellants-original defendants have preferred the Second Appeal on the substantial questions of law formulated in the memorandum of appeal which have been reproduced hereinabove. I have heard learned advocate Ms. Subhadra G. Patel for the appellants and Mr. D.P. Vora for the respondents at length and in great detail. I have also perused the impugned judgement.