PATEL PRAHLADBHAI MAGANLAL Vs. PATEL PARVATIBEN JESANGDAS

JUDGEMENT

(1.) This Appeal under Section 100 CPC has been preferred by the plaintiff in Regular Civil Suit No. 89 of 1994 against the judgment and order dated 8th October, 2001 passed by the learned Joint District Judge, Mehsana in Regular Civil Appeal No. 147 of 1999.

(2.) The plaintiff is the owner of the land Survey No. 543-paiki situated at village-Kansa, Taluka Visnagar, District Mehsana. The defendant is the owner of the contiguous land Survey No. 546/1. According to the plaintiff, the defendant had encroached upon 79 sq.m. of the land Survey No. 543-paiki at the southern end. The plaintiff, therefore, instituted Regular Civil Suit No. 89 of 1994 in the court of learned Civil Judge [JD], Visnagar. He prayed for removal of encroachment and recovery of possession of the suit land. The defendant contested the suit by written statement Exh.30. The learned Civil Judge, by judgment and order dated 15th September, 1999, recorded finding in favour of the plaintiff and passed decree for removal of encroachment and recovery of possession, as prayed for.

(3.) Feeling aggrieved, the defendant preferred Regular Civil Appeal No. 147 of 1999 in the Court of learned District Judge, Mehsana. The learned Joint District Judge was, by impugned judgment and order, pleased to allow the Appeal. The lower appellate court was pleased to hold that the measurements carried out by the Maintenance Surveyor were not proper. The Maintenance Surveyor had failed to measure all the surrounding lands to draw final conclusion. According to the lower Appellate Court, the plaintiff had failed to prove that the defendant had encroached upon the land of the plaintiff. Therefore, the present Appeal.