STATE OF GUJARAT & 1 Vs. PRABHUBHAI GOVINDBHAI

JUDGEMENT

(1.) THE State of Gujarat has preferred this Second Appeal to challenge the judgment and decree passed by learned Presiding Officer, Fast Track Court, Morbi, on 30th September, 2008 allowing Regular Civil Appeal No.13 of 2004.

(2.) REGULAR Civil Suit No.85 of 2003 instituted by the plaintiff was for relief of declaration and mandatory injunction that the plaintiff was entitled to be re -granted the suit land in view of order of the Collector, Rajkot dated 21st April, 1979. It was prayed against the defendant -State Authorities to hand over the possession of the land. The Court of Civil Judge (S.D.), Morbi dismissed the suit.

(3.) IN the suit, the plaintiff put -forth a case that agricultural land bearing Survey No.121/1 admeasuring 12 Acres and 32 Gunthas known as "Vaniyadhar" situated in the Sim of Village Lakhdhirgam was a property belonging to his forefathers. The said land was acquired by the State Government for the purpose of Machchhu II Dam Project.