UNION OF INDIA Vs. RAMESHCHANDRA JOSHI

JUDGEMENT

(1.) This civil application is filed for condoning delay of 5 years and 39 days in filing first appeal against the impugned judgment and decree dated 30-12-1995 passed by Learned 2nd. Jt. Civil Judge (S.D.) Jamnagar in Special Civil Suit No. 34 of 1984, whereby Learned Judge partly decreed the suit of the respondent/ plaintiff and directed the defendant/ applicants- appellants herein to hand over vacant and peaceful possession of the suit land admeasuring 1648 sq. meters to the plaintiff.

(2.) It is the case of the original plaintiff before the trial Court that in the year 1971 Government of Gujarat issued notification under Section 4 and 6 of the Land Acquisition Act, 1984, acquiring land in question for defence purpose. Ultimately, Government found it necessary to acquire piece of land instead of the whole land. Thus, according to the plaintiff he became absolute owner of the suit land admeasuring 56 Are, S.M. 66, i.e. 1 Acre, 16 Gunthas. It was the case of the plaintiff that, he was enjoying ownership as well as possession and rights over the land and he was in actual and physical possession of the suit land and enjoying all the rights as absolute legal owner of the land. According to him, the defendants, i.e. Union of India, Military Estate Officer and Garrison Officer have encroached upon the land admeasuring 1648 sq. meter and made fencing and constructed tar road. The plaintiff therefore prayed for possession of the said land from the defendants/ applicants herein. Written statement was filed by all the defendants at exhibit-18 wherein it has been contended that part of Revenue Survey No. 1456/3 was transferred to Air Force along with other Revenue Survey Numbers and in fact in the year 1971 the demarcation of land transferred to Air Force was done by Government Surveyor and Air Force representative and the owner of the said land was fully aware of this fact. In spite of this, without impleading Air Force as party/ defendant, plaintiff preferred to proceed with the suit. Learned Judge by his impugned judgment and decree dated 30-12-1995 partly decreed the suit in favour of the respondent/plaintiff.

(3.) The applicants/ defendants applied for certified copy of the judgment and decree on 3-1-1996 and the same was received by them on 29-6-1996. However, for the reasons stated in the application they could not file it within the period of limitation and delay of 5 years and 39 days has been caused in filing the appeal.