CHINUBHAI ZAVERBHAI PATEL Vs. SANJAYBHAI GUNVANTBHAI THAKKAR

JUDGEMENT

(1.) DRAFT amendment is granted.

(2.) THIS appeal under section 100 of the Civil Procedure is filed by the original defendant Nos.2 and 5 against whom as well as against the respondents No.3 to 6 herein, the respondents No.1 and 2 ­ original plaintiffs filed Regular Civil Suit No.420 of 2002 for measurement of the land of the plaintiffs as well as the defendants in survey No. 1258 shown in the 7-12 Abstract of revenue record by appointing an officer as Court Commissioner from the office of the District Land Records and on carrying out the measurement, for passing an order for handing over the possession of the land if found encroached by the defendants on the land of the plaintiffs. The plaintiffs have also prayed for permanent injunction restraining the defendants from transferring the land in possession of the defendants out of land bearing survey No.1258.

(3.) THE suit was resisted by the defendants denying the allegation of encroachment and also taking contention that the plaintiffs had encroached on the pond (Talavadi) land and the plaintiffs have not proved the encroachment on their lands by the defendants. The defendants further took contention that the suit of the plaintiffs was not entertainable unless surrounding lands were first measured. The defendants also took of the plea that the report of the D.I.L.R Officer could not be taken into consideration to believe the encroachment alleged to have been done by the defendants and that the plea of the defendants as regards the adverse possession is also required to be considered. The defendants lastly took the contention that the suit of the plaintiffs was time barred.