LAKSHMANBHAI BABURAO MASAEKAR Vs. STATE OF GUJARAT

JUDGEMENT

(1.) THE plaintiff was a occupant of a house leased out to his father. The plaintiff was residing along with his family in that house, and in the month of June 1985, according to the plaintiff, communal riots took place in the city of Ahmedabad. During that period the plaintiff had to leave along with his family members to attend his niece who was ill in Mumbai leaving behind his household articles including jewellery locked in the house. On account of riots, curfew was imposed in the area where the house of the plaintiff was situated and he came out with the case that it was the duty of the defendant to implement the curfew strictly so as to prevent the loss to the life and property of a person. When plaintiff returned, he could not visit his house on account of curfew as whole area was under the control of Collector. According to the plaintiff, his house along with clothes, furniture, jewellery was ransacked and set ablaze by anti -social elements during the riots. Complaint was filed in the police station and joint panchnama was prepared.

(2.) THE plaintiff requested to reimburse the loss occurred due to riots. Statutory notice seeking redressal of his grievance came to be issued on 11.9.1986 of yielded no result. He, therefore, instituted a suit being Civil Suit No.5310 of 1987 in the City Civil Court at Ahmedabad claiming Rs.1,50,000/ - with interest at the rate of 18%. The trial court, after considering the evidence before it and hearing the parties, raised various issues at Exh.27 amongst whom the issue relating to the sufferance of loss of property by the plaintiff on account of robbery etc. came to be answered in negative. The issue with regard to bar to the suit under Specific Relief Act was also answered in negative. The fourth issue with regard to limitation was also answered in negative. Other issues were formal.

(3.) IT is seen from the record that the plaintiff had made the claim for the following properties.