STATE OF GUJARAT Vs. MALI RANCHHOD KHETA

JUDGEMENT

(1.) This Second Appeal is filed by the State of Gujarat under Sec. 100 of the Civil Procedure Code against the judgment and decree passed by the Assistant District Judge, Banaskantha in Regular Civil Appeal No. 22 of 1975 dated 7th of April, 1977, whereby he dismissed the Appeal of the State and confirmed the judgment and decree of Civil Judge (S.D.), Palanpur, declaring that the respondent Nos. 1 to 7 - plaintiffs are the owners of parcel of land bearing Survey No. 295 and are in possession thereof, situated at village Bhabhar Navavas, which is declared to be admeasuring 2 acres 9 gunthas 88 cents. The trial Court while granting aforesaid declaration also granted permanent injunction against the defendant No. 1 - State of Gujarat (appellant herein) and against Bhabhar Navavas Gram Panchayat, respondent No. 8 (defendant No. 2) whereby the defendants, their servants, and agents are permanently restrained from interfering with the plaintiffs' possession of the suit land.

(2.) The learned single Judge of this Court (His Lordship Justice P. D. Desai, as he then was) admitted the Appeal and framed following substantial questions of law as required by Amended Sec. 100 of the Code of Civil Procedure, 1976 :

(3.) In order to answer the aforesaid questions of law framed by the learned single Judge of this Court, a few relevant facts, pleadings of the parties, are required to be stated hereunder :