STATE OF GUJARAT Vs. JESINGBHAI CHHITABHAI

JUDGEMENT

(1.) The plaintiffs are the owners of survey No. 395 situated on the northern bank of Narmada river in Broach District. It admeasures 93 acres and 17 gunthas. It is their case that on account of the slow and gradual shifting of the course of Narmada alluvial land was formed which admeasured 21 acres. They took its possession and began to cultivate it. The revenue authorities noticed that these 21 acres of land (hereinafter referred to as the suit land) was not alluvial land but was Bet Bhatha land and that the plaintiffs were not entitled to hold it. Therefore the Collector Broach issued on 11th May 1967 notice to the plaintiff for handing over its possession to the revenue authorities. The plaintiffs therefore filed the present suit for a declaration that they are the riparian owners of the suit land that they are entitled to take its possession and that the suit land cannot be dealt with except in accordance with secs. 63 and 64 of the Bombay Land Revenue Code. They also pleaded that they are in lawful possession of the suit land and that the notice issued by the Collector is illegal.

(2.) In defence the State denied that it was alluvial land but contended that it was Bet Bhatha land which was formed in 1961-62. The State also contended that the plaintiffs did not have any right to the suit land.

(3.) The learned trial Judge held that the suit land was alluvial land and not Bet Bhatha land. In that view of the matter he further held that the plaintiff were entitled to it in terms of secs. 63 and 64 of the Bombay Land Revenue Code. He therefore passed in favour of the plaintiffs decree as prayed for by them.