KOLI SURABHAI VITHALBHAI Vs. KOLI MARGHABEN RUPABHAI

JUDGEMENT

(1.) THIS appeal under Section 100 of the Civil Procedure Code is filed by the original defendant against whom, the respondent � original plaintiff filed Regular Civil Suit No.76 of 2000 for permanent injunction restraining the defendant from entering upon the suit plot No.10 and plot No.9 (half), and also for permanent injunction restraining the defendant from doing any work of digging and construction on said plots and from obstructing the plaintiff in using the said plots of land.

(2.) IT is the case of the plaintiff that the plaintiff was allotted the plot No.10 admeasuring 10 x 25 meters and half portion of the plot No.9, by the Panchayat and the possession of the said plots was also handed over to him. It is further case of the plaintiff that the plot No.9 was jointly allotted to the plaintiff and the defendant. The half portion on the east side of plot No.9 had gone to the share of the defendant. The plot No.8 on the eastern side of plot No.9 is of the ownership of the defendant. The plaintiff has further averred that the defendant though was not entitled to make use of and enter upon the plot No.10 and plot No.9 which was in possession of the plaintiff, still the defendant has started digging on the suit plots to make construction thereon. The plaintiff was, therefore, required to file the suit for the relief of permanent injunction.

(3.) ON appreciation of evidence available on record, the learned Trial Judge came to the conclusion that considering the Sanad Ex.47, 48 and Ex.62 for plot Nos.10, 9 and 8 respectively and considering the report of the Commissioner who was the Circle Inspector, the existence of plot Nos.10, 9 and 8 was established. The learned Trial Judge also came to the conclusion that the plot Nos.10 and 9 (half) was allotted to the plaintiff by the Panchayat and, therefore, the defendant had no right to start digging work for the purpose of construction by entering upon the plots in possession of the plaintiff. The learned Trial Judge, thus, allowed the suit of the plaintiff and restrained the defendant by way of permanent injunction not to enter upon and not to make any construction on the suit plot Nos.10 and 9 which is in the possession of the plaintiff.