THAKARDA SOMAJI VAGHAJI Vs. UNION OF INDIA

JUDGEMENT

(1.) Being aggrieved and dissatisfied with the judgment and decree passed by learned 2nd Joint District Judge, Mehsana in Regular Civil Appeal No.195 of 1984 whereby learned Judge has set aside the judgment and decree passed by learned Civil Judge, Senior Division, Mehsana in Regular Civil Suit No.75 of 1978 against defendant No.3 (Union of India owning Western Railways), present appeal has been preferred.

(2.) Brief facts of this case are that, two agricultural lands bearing survey Nos.1702 & 1703 situated in Mehsana were at one time owned by one Shah Navnitlal Antalal along with other lands bearing survey No.1701 etc. One Nafatlal, in the year1959, obtained permission for non-agricultural use of survey No.1702. Thereafter, he divided these lands into 90 plots for construction of houses. He sold these plots to different persons. Original plaintiffs were owners of some of these plots who built houses over their plots and were residing there.

(3.) It is further case of the plaintiffs that to the west of survey No.1702, there is a land bearing survey No.1703 and to the further west there is national highway from Delhi to Ahmedabad. According to the plaintiffs, there was a passage which was being used by them to approach the national highway from survey No.1702 having boundary with survey No.1703. It is their allegation that son of defendant No.1 was prosecuted for theft of goat in which wife of plaintiff No.4 was the prosecution witness. There was a quarrel between the plaintiffs and the defendants as a result of defendant No.1 having obstructed the passage over which plaintiffs had a right to approach the national highway. Shri Shah Navnitlal Antalal, original owner, died and, after his death, his wife Kantaben sold the lands bearing survey Nos.1703 & 1701 and some other lands to the present defendant No.1.