STATE OF GUJARAT Vs. CHARAN MULA BHIMA

JUDGEMENT

(1.) THE following substantial question of law was framed at the time of admission of this appeal for consideration.

(2.) IT is in the context and background of the facts set out in the succeeding paragraphs that the above question arises the respondent herein, since deceased now through his heirs, was the original plaintiff who in his aforesaid suit prayed for declaration and permanent injunction that the suit lands were of his ownership and occupancy since the times of his forefathers. It was the case in the plaint that the plaintiff was resident of village Sankaria, Taluka Khambhaliya, District Jamnagar, that he was the owner of the lands bearing Survey Numbers 59, 77, 82 and 86 admeasuring 23 Acres and 25 Gunthas situated in the sim of village Sankaria and that he was in possession of the said land since more than 100 years from the times of his forefathers. It was the case of the plaintiff that in respect of Survey Numbers 77, 82 and 86, an Entry in the records of the erstwhile Navanagar State were recorded and in the Samvat Year 1967 and onwards the forefathers of the plaintiffs were shown in possession. It was stated that the records showed the names of the father as well as the father of the grandfather of the plaintiff. It was the case that the forefathers remained in possession continuously and at no point of time left the possession of the suit lands.

(3.) HEARD learned A.G.P. Mr. Janak Raval for the appellant State and learned advocate Mr. A.H. Desai for the respondents.