GRAM PANCHAYAT, UMBERGAON Vs. NAVIN C. MEHTA

JUDGEMENT

(1.) THIS Civil Application for interim relief pending hearing and final disposal of the appeal was hotly contested by the parties. Therefore, it would be desirable to state few facts.

(2.) APPLICANT No. 1 which is a Gram Panchayat, Umbergaon, District Valsad, had filed Civil Suit No. 90/82 in the Court of Civil Judge (S.D.) Valsad for possession of the property bearing Survey No. 262/A -1/1 -A/1 -A/1 -A/1/1 admeasuring 2 acres of land situated on the north -east corner in the said survey number and for mesne profits till the date of handing over possession of the suit property to the plaintiff. An injunction restraining the defendant No. 1 from making any further construction over the suit property was also prayed for during the pendency of the suit.

(3.) AFTER considering the merits of the case, the learned Civil Judge (S.D.) Valsad by his judgment and decree dated 30th November, 1983 dismissed the suit filed by the plaintiff. The Court came to the conclusion inter alia that the plaintiff Gram Panchayat had failed to prove its ownership over the suit property. Against the said judgment and decree the appeal is admitted.