NATWARLAL MANSUKHLAL VADGAMA Vs. JIVANBHAI PREMJIBHAI PATEL

JUDGEMENT

(1.) HEARD learned senior advocate Mr.Dhaval C. Dave assisted by learned advocate Mr.Jigar Patel for the appellant and learned advocate Mr.Satyen Raval for the respondents.

(2.) THE present appeal by the original plaintiff has been preferred against the judgment and order dated 23rd April, 2012 of learned Additional Sessions Judge, Surendranagar, who dismissed Regular Civil Appeal No.25 of 2008 and confirmed the judgment and order dated 11th August, 2008 passed by learned Principal Senior Civil Judge, Wadhwan, dismissing Civil Suit No.10 of 2000.

(3.) THE relevant facts and the controversy involved in the case may be set out. The plaintiff -appellant herein instituted suit for declaration and permanent injunction against the defendants seeking to injuct them from making any construction or entering upon open land situated on the Southern side of the property of the plaintiff. It was the case of the plaintiff that he was staying in his house since 22 years, which was in revenue survey No.1810 paiki admeasuring 3 Acres and 12 Gunthas out of total area of 6 Acres and 24 Gunthas. It was the further case that the plaintiff had purchased Plot Nos.22 -A and 22 -B which came to be divided out of the said land by virtue of Collector's order dated 08th January, 1976 and were converted into non -agriculture. Size of the said two plots were 453.60 Sq. Yards (371.39 Meters). It was the case of the plaintiff that on the Southern side of his plots, there was a way in the open land which was berfronting the main way being Surendranagar Wadhwan highway.