RAISINGBHAI J BARIA Vs. STATE OF GUJARAT

JUDGEMENT

(1.) APPELLANT has preferred this second appeal under section 100 of the CPC on the following substantial questions of law:

(2.) APPELLANT plaintiff filed suit contending that he is in possession of land bearing survey No. 699 paiki 5 acres and 35 gunthas of land since many years and is cultivating the same. It was also contended that Government has passed a resolution to regularize occupation of forest land used for cultivation prior to 31. 12. 1967 having less than 8 acres of land to that extent and therefore, as per Government Resolution No. FID-1070-80201/8/951-P dated 5. 7. 1972, he is entitled for such land, but the forest department of the defendant tried to forcibly dispossess him and therefore, the suit was filed for injunction restraining the defendant from taking possession of the suit land without due process of law and also restraining from entering upon the said land and interfering with his possession thereof.

(3.) THE defendant contested the suit by filing written statement Exh-27 and contended that the plaintiff is not entitled for the benefit of the Government Resolution as he was cultivating the suit land from 1974-75 and therefore, the suit was required to be dismissed.