PATEL BABABHAI KALIDAS Vs. PATEL KARSHANBHAI VITHALDAS

JUDGEMENT

(1.) MR .Saurabh Patel, under the authority of Mr.R.C. Jani, learned counsel for the appellant and Ms.Mohini Bhavsar, under the authority of Mr.Bharat Jani, learned counsel for the respondent No.1. None for the respondent No.2 though served.

(2.) SHORT facts necessary for disposal of the present appeal are that the plaintiff who was using a part of some public lane, had filed the suit seeking a declaration that the defendants had no right over the property and an injunction to injunct the defendants from interfering with the possession of the plaintiff.

(3.) THE defendants appeared before the court and submitted that the land did not belong to the plaintiff and the land in fact, was belonging to the Government. The learned trial court, after recording the evidence and hearing the parties, held that as the plaintiff was using the land for long, the defendants were not entitled to interfere with the plaintiff's right, it accordingly decreed the suit. The appellate court held that as the plaintiff has failed to prove his ownership over the land in dispute and it is proved that the land belongs to the public authority / Government, no declaration or injunction could be granted in favour of the plaintiff, it accordingly allowed the appeal and dismissed the suit. Being aggrieved by the judgment and decree passed by the appellate court, the plaintiff is before this Court. The appeal has been admitted for hearing the parties on the following substantial questions of law: -