JADAVJI LIMBABHAI PATEL Vs. TEJA NATHA ANDANI PATEL

JUDGEMENT

(1.) THIS Appeal under Section 100 of the Code of Civil Procedure is by the original plaintiff who succeeded in his suit but lost in first appeal filed by the respondents-defendants.

(2.) THE plaintiff filed Regular Civil Suit No.33 of 1992 for declaration that the suit property bearing Survey No.234/4, admeasuring 16 gunthas situated in the revenue limits of Latipar village, Taluka Dhrol, District Jamnagar is of his ownership and for recovery of possession of the said property from the defendants and also for permanent injunction restraining the defendants from interfering with possession of the open Vada land of said survey number.

(3.) THE suit was resisted by the defendants by filing written statement at Exh.12, denying possession and ownership of the plaintiff and also denying that the defendants were given the suit land as and by way of permissive use by the plaintiff. It is also stated in the written statement that the value of the property was not Rs.4,000/-, however taking such value to be the value of the property and to put an end to the dispute, the defendants are ready to pay Rs.4,000/-, being the value of the property, for the plaintiff to lift or waive his right to the suit property. Lastly, in the written statement, it is stated that true facts are that the defendants have been in possession of the suit property for last 20 years, which is known to everybody, including the plaintiff, and therefore, even by way of adverse possession, the defendants have become owners of the suit property.