MOTAP GRAM PANCHAYAT Vs. RABARI AMTHABHAI MEVABHAI

JUDGEMENT

(1.) Heard the learned advocates.

(2.) The Appellant-Motap Gram Panchayat, defendant in Regular Civil Suit No. 31 of 1992, has preferred the present Appeal under Section 100 CPC against the judgment and order dated 20th July, 2006 passed by the learned Addl. District Judge & Presiding Officer, Fast Track Court, Mehsana in Regular Civil Appeal No. 254 of 2005.

(3.) The respondent-plaintiff instituted above referred Regular Civil Suit No. 31 of 1992 in the Court of learned Civil Judge [JD], Chanasma for declaration of title and permanent injunction in respect of the suit Vada admeasuring 120' x 70'. According to the plaintiff, the plaintiff and his ancestors have been using the suit Vada for more than 100 years; the suit Vada was fenced by a wall; and that the defendant Panchayat has been interfering with the possession of the plaintiff. Therefore, the suit.