STATE OF GUJARAT Vs. ALLABUX NOORBHAI SHAIKH

JUDGEMENT

(1.) THIS appeal by the appellantStateoriginal opponent No.1 is filed against the judgment and order dated 31121984 passed by the learned Judge, City Civil Court No.14, Ahmedabad, in Civil Misc. Application No.259 of 1981 whereby application preferred by present respondent Nos.1 to 3original applicant Nos.1 to 3 in the form of appeal under Sec.370 of the Bombay Public Trusts Act against the order passed by Joint Charity Commissioner on 741978 in Appeal No.26 of 1976 was dismissed.

(2.) SHORT facts as arising from the order of the learned City Civil Judge are that a dispute has arisen qua three plots bearing Survey Nos.2978, 2979 and 3703 situated on Relief Road, Ahmedabad. It is the case of the appellantState that these are Government lands while it was held by learned Joint Charity Commissioner that Survey No.2979 is of the State while Survey Nos.2978 and 3703 are of the Wakf Board. Hence, Civil Misc. Appln.No.259 of 1981 was filed by the State challenging the order dated 741978 passed by the learned Joint Charity Commissioner. After hearing the learned advocates appearing for the respective parties and on perusal of the documents, learned Judge of City Civil Court has confirmed the order passed by the learned Joint Charity Commissioner by dismissing the Misc. Civil Application which is giving rise to present First Appeal by the State.

(3.) IT is submitted by learned AGP, Mr.Banaji that the impugned judgment and order is contrary to law and evidence on record. It is further submitted that the learned Judge has not properly appreciated the oral evidence of Shri Kanaiyalal D.Mistri and Shri Maneklal L.Patel and has also not appreciated the documentary evidence available on record stating that Survey Nos.2978 and 3703 were of the Government. It is further submitted that Sec.2(19) of the Bombay Public Trusts Act has not been properly interpreted by the learned Judge. In this connection, he has relied on a judgment reported in AIR 1976 Supreme Court page 1569 and also a decision of this High Court reported in 18 GLR page 488 and sought to quash and set aside the impugned judgment and order by allowing this appeal.