KHUSAD GRAM PANCHAYAT Vs. AHMEDBHAI VAJIRBHAI

JUDGEMENT

(1.) Both these appeals are directed against the judgment of the learned Assistant Judge Surat in Regular Civil Appeal no. 279 of 1977 arising from the judgment of the learned Civil Judge Junior Division. Olpad before whom regular Civil Suit no. 8 of 1971 was Sled by the Administrators Mutawallis and Trustees of Masjid of Khusad village who are appellants in cross Second Appeal no. 496 of 1979.

(2.) The aforesaid SUit was filed by the aforesaid plaintiffs against Khudsad Gram Panchayat (hereinafter referred to as the Panchayat) on the allegation that in the property of the Masjid the Panchayat by demolishing the Ota attached to the well and filling up the well constru- cted a road from south to north. It is the case that the Panchayat had no authority but went on giving notices twice or thrice to the plaintiffs who also replied the notices all the times denying the right of the Panchayat on the land of the Masjid. First of all it seems that the Panchayat objected to the construction being made by the Masjid authorities who were erecting some cess-pool and repairing the Ota. It was considered by the Panchayat that they were erecting some permanent structures with a view to obstruct the public to pass on that road to go to the pond on the north and fields because the entire village is situated towards the south of the Masjid property and it starts from the houses of Patidars.

(3.) It was the case of the Panchayat that permission to make construction should have been obtained but the Masjid authorities stated that they were not carrying out any construction which required permi- ssion. Thereafter the claim of the Panchayat about the road was disputed. In spite of that on 10-12-1970 in the morning the Panchayat Sarpanch and its agents illegally trespassed into the Masjid land and removed the repairs carried out on the well and demolished the Ota of the Masjid attached to the well and filled-up the well and made a way of about 175 feet north-south in length and 15 feet in width east-west. Suit was therefore filed by the original plaintiffs for declarations and permanent and mandatory injunctions and for Rs. 500.00 as compensation for damages to the property of the Masjid against the defendants.