PATEL RANCHHODBHAI SHIVRAMBHAI Vs. HARIBHAI SHANKARDAS PATEL

JUDGEMENT

(1.) Heard the learned advocates. With the consent of the learned advocates, the Appeals are heard and decided on the following substantial questions of law.

(2.) The subject matter of these two Appeals is the suit land admeasuring 17' x 12' lying West to the plots no. 1 & 2 owned by the appellants in Second Appeal No. 28 of 2007 and a 3' strip of land on the south of the plots nos. 1 & 2 and 3 & 4 owned by the appellants and respondent no.2 in Second Appeal No. 28 of 2007.

(3.) The respondent no.1 in Second Appeal No. 28 of 2007-Haribhai Shankarbhai Patel, owned a piece of land bearing Village Site No. 252, situated at village-Khorasam, Taluka-Chanasma. The said Haribhai Patel, by registered sale deeds dated 4th July, 1969 [Exhs. 71 & 80] sold sub-plots nos. 1 & 2 to the appellant in Second Appeal No. 28 and one sub-plot to the respondent no.2 in the said Second Appeal. Under the terms and conditions of the said sale, the purchasers - the aforesaid appellant and the respondent no.2 were permitted to use the suit land as open land to store the agricultural equipments. The 3 ft. wide strip of land to the south of the said sub-plots was to be used for discharge of water. It appears that in or around the year 1995, the said Haribhai attempted to raise construction in the suit land and the appellant in these appeals intended to use the said strip of land for personal purpose. The appellant, therefore, instituted Regular Civil Suit NO. 32 of 1995 in the Court of learned Civil Judge [JD], Chanasma against the said Haribhai and one another for declaration of title over the suit land and for permanent injunction restraining the defendants from obstructing the plaintiff's user of the suit land. The said suit was contested by the said Haribhai by written statement Exh.17. The said Haribhai denied the allegations made by the plaintiff. He denied that the plaintiff had a right, title or interest over the suit land. Although he did admit that under the sale deed Exh.71, the plaintiff had been given the right to use the suit land. But, according to the said Haribhai, he had the right to withdraw the said condition of sale. The learned Civil Judge, by judgment and order dated 26th April, 2002 upheld the right of the plaintiff to use the suit land. The learned Civil Judge proceeded further to hold that the plaintiff had become the owner of the suit land by adverse possession. In view of the said findings, the learned Civil Judge allowed the suit and passed decree for declaration of title and permanent injunction against the defendants.