ROHITKUMAR CHORUBHAI DESAI Vs. STATE OF GUJARAT

JUDGEMENT

(1.) This is plaintiff's Second Appeal.

(2.) . Brief facts are that the plaintiff-appellant filed a suit for declaration that he is owner of the disputed land admeasuring 4 acres 15 gunthas bearing survey No. 184, block No. 209 situated in village Kanbhi, district Valsad. According to the appellant he along with the defendants No. 3, 4 and 5 are owners in possession of the disputed land. The suit for injunction was filed against defendant No. 1 that he has no right to interfere with the possession of the appellant and the defendants 3, 4 and 5 over the disputed land. It was alleged that the suit land was recorded in the name of the plaintiff and his forefathers since 1921 and they were in possession of the same without any obstruction. Shortly before the institution of the suit the defendant No. 1 viz. Mamlatdar declared that the suit land is owned by the temple of Goddess Bhavani and the said temple is holder of the suit land as Inamdar by order dated 24.7.1977 and directed the plaintiff to hand over possession of the suit land to the Sarpanch of the village. This order was challenged being illegal, unjust and in violation of the principles of natural justice. On these allegations the suit for declaration and permanent injunction was filed.

(3.) . The suit was contested by the defendant Nos. 1 and 2 on the ground that the land in suit is Devasthan Inam Land and is owned and possessed by Bhavani Mata Temple. It was also denied that the plaintiff and his forefathers were paying revenue assessment or were in possession of the suit land since 1921. Ownership of the plaintiff over the land along with the defendants No. 3 to 5 was also denied. It was also pleaded that the suit is barred under the provisions of the Gujarat Devasthan Inam Abolition Act, 1969.