LAWS(GJH)-1991-8-41

MISTRY GOPAL KEHTA Vs. DHUDARMAL MANGATMAL AND SONS

Decided On August 28, 1991
MISTRY GOPAL KEHTA Appellant
V/S
Dhudarmal Mangatmal And Sons Respondents

JUDGEMENT

(1.) This appeal is directed against the judgment and decree passed by the Assistant Judge, Kachchh at Bhuj, on 5-2-1979, in Regular Civil Appeal No. 81 of 1977.

(2.) The present appellant is the original plaintiff and the present respondent is the original defendant and they are hereinafter referred to as 'plaintiff and 'defendant' for the sake of convenience.

(3.) The plaintiff filed Regular Civil Suit No. 77 of 1974 against the defendant for possession on the basis of title. The plaintiff, inter alia, contended that he is the owner of the land bearing Old Survey No. 153 (New Survey No. 337), admeasuring about 9 A. 20 Gs., situated outside Ganga Naka, Anjar, in Kachchh District, which is hereinafter referred to as 'the suit land'. According to the case of the plaintiff, the suit land was in his actual possession and under personal cultivation since more than 65 years. He contended that towards the west of the suit land there is a wall of petrol pump belonging to the defendant and the suit land was situated towards the east of the wall of the said petrol pump of the defendant. The plaintiff further contended that the defendant made encroachment in the suit land on 29-5-1972. Therefore, he preferred an application before the Deputy Collector, on 30-5-1972. The defendant went on making encroachment in the meantime in respect of the suit land, which is admeasuring about 2 gunthas. The defendant was requested to remove the encroachment but he did not remove it. Therefore, the plaintiff filed the suit.