RAMANBHAI SOMABHAI PATEL Vs. PATEL DAHYABHAI RAMABHAI

JUDGEMENT

(1.) This Appeal under Section 100 CPC preferred by the plaintiffs in Regular Civil Suit No. 235 of 1981 arises from the judgment and order dated 15th December, 1987 passed by the learned Assistant Judge, Nadiad in Regular Civil Appeal No. 43 of 1985.

(2.) The plaintiffs instituted above referred Regular Civil Suit No. 235 of 1981 in the Court of learned Civil Judge [JD], Borsad for removal of encroachment and for permanent injunction. The plaintiffs and defendants are the agriculturists and residents of village Kantharia, Taluka-Borsad. They have their houses situated around the suit land. The suit land being the open land for common use and passage by the plaintiffs and the defendants. According to the plaintiffs, some four months before the date of the suit, the defendants nos. 1 & 3 encroached upon the part of the suit land and each constructed a shed to tether cattle and to store agricultural implements, leaving a narrow lane for passage by the plaintiffs. According to the plaintiffs, each of the defendants had some open land in front of their houses called "Ravesh". It was in this "ravesh" that each defendant used to tether the cattle and to store the agricultural implements. The plaintiffs, therefore, prayed that the defendants be directed to remove the encroachment and to restore the open land for common use by the plaintiffs and the defendants. The suit was contested by the defendants by written statement Exh.14. The defendants denied that they had encroached upon the suit land or any part thereof and that the cattle sheds did exist and were being used by the concerned defendants to tether the cattle and for storage of agricultural equipments.

(3.) The learned Civil Judge decided the suit in favour of the plaintiffs. By judgment and decree dated 16th January, 1984 the suit was allowed and mandatory direction was issued to the defendants to remove the encroachment and permanent injunction was issued upon the defendants from encroaching upon the suit land or any part thereof.