SHAMALBHAI NARANBHAI PATEL Vs. SARPANCH

JUDGEMENT

(1.) THIS appeal under Section 100 of the Code of Civil Procedure is at the instance of the original plaintiff who had filed Civil Suit No.122 of 2002 for declaration and permanent injunction.

(2.) CASE of the plaintiff in his suit is that the ancestors of the plaintiff had left the ancestral property, being Block No.1759 (old Survey No.701) and property, being Tika No.1892 in the Town of Kadi as well as Block No.1760 (old Survey No.702), part of the gaucher land. It is further case of the plaintiff that since the part of the gaucher land from Block No.1760, described as suit land, being ancestral land, is in possession of the plaintiff, the plaintiff is required to be declared as owner of the said land and the defendants may be permanent restrained from interfering with the possession of the said land of the plaintiff.

(3.) THE plaintiff unsuccessfully carried the matter before the first Appellate Court by filing Regular Civil Appeal No.77 of 2006. Learned Appellate Judge has also on appreciation of the evidence found that the suit land was never of the ownership of the ancestors of the plaintiff and the suit land, being gaucher land, the plaintiff had no right to such gaucher land. Learned Appellate Judge also came to the conclusion that the plaintiff has failed to prove his possession to the gaucher land and possession of such gaucher land is of Unava Gram Panchayat. Learned Appellate Judge thus concurred with the findings and conclusion recorded by the learned Trial Judge and ultimately, dismissed the appeal by judgment and decree dated 17.7.2012. It is this judgment and decree which is under challenge before this Court in this Second Appeal.