NAGARDAS HARJIVANDAS PRAJAPATI Vs. STATE OF GUJARAT

JUDGEMENT

(1.) BY way of this appeal, the appellants have challenged judgment and order of the City Civil Court dated 22-7-1981, whereby the suit filed by the appellants was dismissed.

(2.) THE facts in brief, as emerging from record, are as under:

(3.) THE appellants herein had purchased permanent tenancy rights of land bearing Survey No. 324, 325 and 326 of village Vasna, Taluka City, District - Ahmedabad, (which were forming part of final plot no. 173) from Pravinaben Maheshkumar Shah by deed of conveyance dated 30-7-1975, which was registered on 1-10-1975. Thereafter, the appellants had submitted plants to the municipality for construction of building premises for their residential purpose. It was also the case of the appellants in the suit that the said land was held by Sajjadanashin of Shah Alam Roza. It was also the case of the plaintiffs that the during the minority of present Sajjadanashin land of Shah Alam Roza Trust was taken into possession by the Court of wards and the Collector of Ahmedabad was acting as a Court of ward. It is also averred in the plaint that the rents of suit land were paid and credited in the account of Shah Alam Roza Trust Estate maintained by Collector of Ahmedabad. It is also the case of the plaintiffs that lands of Survey No. 324, 325 and 326 were held as tenant by Mohmadhussain Zahirhussain Bukhari and as such he was entitled to deal with the said land and said Mohmadhussain Zahirhussain Bukhari sold aforesaid land to Pravinaben Mahendrakumar Shah, who, in turn, sold suit land to the plaintiffs by deed of conveyance dated 30-7-1975. It is also averred in the plaint that since Inamdar granted N. A. permission to said Mohmadhussain Zahirhussain Bukhari, the plaintiffs are entitled to make N. A. use of the suit land. It is further the case of the plaintiffs that inspite of aforesaid facts, the Deputy Collector issued notice on 23-12-1976 stating that the construction carried out by the plaintiffs on suit land is illegal, as the said land is 'state padtar'. Thereafter, the plaintiffs have issued a notice calling upon the defendants to withdraw their claim of ownership in respect of the land in question. Since the said notice was not replied, the plaintiffs have filed aforesaid suit.