DHINGABHAI KALABHAI THAKORE Vs. PATEL AMRUTLAL AMBALAL

JUDGEMENT

(1.) APPELLANT has preferred this appeal under section 100 of the CPC and challenged the judgment and decree passed by the learned Principal Civil Judge, Unjha on 1. 12. 2007 in Regular Civil Suit No. 31 of 2000 and confirmed by the learned Additional District Judge, Mehsana on 17. 2. 2009 in Regular Civil Appeal No. 147 of 2007 confirming the judgment and decree passed by the trial Court. The appellant has formulated the substantial questions of law at page L of appeal memo.

(2.) THE respondents plaintiffs filed suit and made prayers to remove illegal construction of kachcha hut constructed by appellant defendant on the open land of road of plot Nos. 1, 2 and 3 of final plot No. 394 of original revenue survey No. 1680 of Unjha and also restraining him from making new encroachment and to maintain status quo.

(3.) IT was the case of the plaintiffs that the properties bearing plot Nos. 1, 2 and 3 of original survey No. 1680 which was given F. P. No. 394 in T. P. Scheme No. 1 of Unjha were purchased by them by registered sale deeds and thereby, they are the owners and occupiers of the said properties. It was also contended that property bearing original survey No. 1675 which is given F. P. No. 395 in T. P. Scheme belonging to the Government adjoining to their properties, the defendant has made encroachment by making illegal construction of hut on their property.