PATEL ARJAN DEVJI Vs. KARSAN THOBAN PATEL

JUDGEMENT

(1.) THIS Appeal, under Section 100 of Code of Civil Procedure is at the instance of originalplaintiffs who filed Regular Civil Suit No. 20 of 1985 against the respondentsoriginal defendants for removal of the encroachment made by the defendants on their land bearing survey No. 202/1 situated in the village Lakhtar.

(2.) IT is the case of the plaintiff that the plaintiffs are husband and wife. The land bearing survey Nos 33, 568, 202/1 and 208/2 came to the share of plaintiff No. 1 and were transferred by way of gift in favour of plaintiff No. 2. The said lands came to be recorded in the name of plaintiff No. 2 on 30th May 1969. It is further case of the plaintiff that the defendants have their land bearing survey No. 202/2 on the eastern side of the land bearing survey No. 202/1 of the plaintiffs and the defendants after removal of common boundary between two lands, encroached upon the land bearing survey No. 202/1, of the plaintiffs. The plaintiff made application dated 21st May 1983 to the Land Record Officer and the Surveyor of the Land Record Office measured the land of survey No. 202/1 and found that the defendants have encroached upon the said land of the plaintiffs by including land of the plaintiffs in land bearing survey No. 202/2.

(3.) THE suit of the plaintiff was resisted by the defendants by filing written statement at exh. 11 denying allegations of encroachment on the land of the plaintiffs and further putting forth the plea of adverse possession by stating that if the encroachment is proved, the defendants being in adverse possession for more than 20 years, the plaintiffs are not entitled to possession of the encroached land from the defendants.