STATE OF GUJARAT Vs. MANSUKHLAL K THOBHANI

JUDGEMENT

(1.) Shri A.Y. Kogje, learned AGP for the appellant, Shri Viren G. Dave, learned counsel for the respondent no.1 under the authority of Shri Y.S. Lakhani. Parties are heard.

(2.) The brief facts necessary for disposal of the present appeal are that the respondent-plaintiff filed Regular Civil Suit No. 64/87 in the court of the learned Civil Judge [Senior Division], Porbandar against the defendant seeking declaration of title and permanent injunction against the defendants restraining them from auctioning his interest in the property known as "Thobhani Oil Mills".

(3.) Short facts which can be further shortened are that there were certain recoveries of sales tax to be made by the department from Karsandas Thobhani, father of the present plaintiff. As the said amount was not paid by the said Karsandas Thobhani, the government started proceedings under the Bombay Land Revenue Code, issued notices for making recovery of the amount as arrears of land revenue. The plaintiff submitted that the property known as "Thobhani Oil Mills" was jointly purchased by him and his deceased father on 12.12.78. On 1.7.87, the plaintiff's father expired and thereafter, notices for recovery etc. were issued. On 28.7.87, under Exhs. 29 and 30, recovery orders were made. The plaintiff, apprehending seal of his property had filed the suit and prayed for the above-referred reliefs.