MANUBHAI BHAGABHAI PATEL Vs. CHEEBABHAI RAMBHAI PATEL

JUDGEMENT

(1.) In the present revision application the petitioner is the original plaintiff and appellant in the lower appellate Court, whereas the respondent herein is the original defendant and respondent in appeal.

(2.) The plaintiff had filed Regular Civil Suit No. 67 of 1990 in the Court of Civil Judge (Senior Division), Navasari for declaration and permanent prohibitory injunction, together with injunction application therein at Exh. 5.

(3.) The plaintiff's case was that he was already the owner of block Nos. 33 and 35 of village Bharwadi. He thereupon purchased the adjoining and contiguous lands, viz., block Nos. 38, 39 and 40 from different owners-vendors by registered sale deeds, for the purpose of cultivation. So far as block No. 37 is concerned, the then owner Shri Kuverji Naranji Patel had executed an agreement of sale in favour of plaintiff, had handed over possession to the plaintiff, and had also executed a Kabja receipt in favour of the plaintiff. So far as block Nos. 38, 39 and 40 are concerned, the plaintiff acquired possession from the then owners on execution of the relevant registered sale deeds. The plaintiff averred that the defendant has off and on attempted to disturb the possession of the plaintiff in respect of these properties including block No. 35, which was already of the ownership of the plaintiff, that the defendant has attempted to disturb his possession by entering into the property and threatening the plaintiff with destruction of the planted crops. According to the plaintiff, the defendant had no right, title or interest in the property, nor did he have possession of the suit property and was attempting to disturb the possession of the plaintiff by attempting to enter into the property as a trespasser.