POPATBHAI MERAMBHAI BHUPATBHAI POPATBHAI Vs. STATE OF GUJARAT

JUDGEMENT

(1.) Being aggrieved by the judgment and decree passed by Principal District Judge Rajkot in Regular Civil Appeal no.42 of 2010, whereby the said appeal has been dismissed and the judgment and decree passed in Regular Civil Suit No.101 of 1993 passed by the 4th Additional Senior Civil Judge is confirmed, the present second appeal has been filed.

(2.) For the sake of brevity and convenience, the parties are referred to as plaintiffs and the defendants.

(3.) The brief facts arising in the present Second Appeal are that the plaintiffs filed suit for permanent injunction on the ground that they are occupying suit property since 1961 and the suit premises belongs to the defendants, i.e. State of Gujarat and the plaintiffs are in possession of the property since last more than 30 years and as the plaintiffs have become the owner on the ground of adverse possession, the plaintiffs have filed a suit for injunction and after going through the documentary evidence and oral evidence and giving findings on all the issues, the Trial Court dismissed the said suit and thereafter the plaintiffs filed appeal and the same was also rejected.