PATEL JIVABHAI M Vs. STATE OF GUJARAT

JUDGEMENT

(1.) This is plaintiffs' Second Appeal.

(2.) The plaintiffs filed suit in representative capacity under Order 1, Rule 8 of the Code of Civil Procedure for several declarations and injunction. The first declaration was that the plaintiffs be declared to be occupants of the disputed land and further be declared that they are owners thereof. Alternatively, it was sought to be declared that the plaintiffs are in possession of the suit land under customary right. Further declaration was sought that the Government has no right to hand over the suit land to anybody unless it proves its ownership over the same under the Bombay Land Revenue Code. Another declaration was sought that the proceeding taken by the Government Surveyor do not affect ownership right or possession of the plaintiff over the suit land. Relief of permanent injunction was sought restraining the Government officers not to enter over the suit land and not to interfere with the plaintiffs' possession over the suit land.

(3.) The case of the plaintiffs was that before coming into existence of Saurashtra State there was Dhrangadhra State and village Bharad was Girasdari village of the said State. The plaintiffs were cultivating the land of Girasdar of village Bharad. They were given agricultural land, house, vada and khada land for threshing purpose. The threshing floor is called as khada land or Khala land or Khalavad. The previous practice was that if one farmer left the land the Girasdar used to give the same to another farmer under a Deed on receipt of Nazarana. The Khala land was already given along with agricultural land and it was so mentioned in such Deeds. The Khala land according to the plaintiffs, is common village land used for threshing purpose and is known as "Khalavad". After Saurashtra State came into existence the Saurashtra Land Reforms Act was enacted under which the plaintiffs have become occupant of the said land of Gujarat State. In the alternative they claimed as occupants of the Khalavad land since many years and since they were using the same for threshing purpose they have acquired customary right for such user. On 12-4-1979 Khalavad land was measured by Government Surveyor for being given to some Harijans. On 12-12- 1979 inquiry was made and it was found that the Government wanted to give such land to Harijans. Thereafter, the plaintiffs issued notice to the Government, but with no result. On 5-2-1980 direction was given by Taluka Development Officer to prepare lay-out of the land. Apprehending interference with plaintiffs' possession they filed suit for declaration and permanent injunction.