BHAGA MOTIJI Vs. DORABJI SORABJI

JUDGEMENT

(1.) The plaintiff-sued to recover possession of the plaint land measuring 19 Gunthas, said belong to Survey No. 420, alleging that the land originally belonged to one Kasna Mavji exclusively, that even if the said Kasna was not the sole owner of that land, he had become the solo owner thereof by adverse possession for more than twelve years. The plaintiff was the owner of Survey No. 419. The defendant was the owner of Survey No. 420. The plaint land was situated between these two Survey Numbers. The question arose whether it formed part of Survey No. 419) or 420.

(2.) In April 1913 the defendant presented an application to the Mamlatdar of Pardi complaining of an encroachment made by the plaintiff over the land in suit, and praying that the boundary of the two Survey Nos. 419 and 420 might be determined, and the encroachment removed. Statements of the plaintiff and the defendant were recorded before the Patel and the Talati and the Circle Inspector, and finally the Collector of Surat decided, on the 25th November 1914, that the plaintiff was wrongfully in possession of the land in question, and he ordered his eviction therefrom under Section 121 of the Bombay Land Revenue Code, The Collector in his decision said : This is clearly a case to which the provisions of Section 121 (2) of the Land Revenue Code might properly be applied. Dorabji had a complete and perfect title to the whole Survey Number, but finding that he was in actual possession of too small an area he paid for measurement, he had the proper boundaries of his holding determined by the Collector under Section 119, Clause (2). As the result of that determination I find that Bhagoji Motiji (i. e. the plaintiff in this case) is wrongfully in possession without any proper title, and 1 order his eviction under Section 121 in favour of Dorabji.

(3.) An appeal was preferred from the said order to the Commissioner but it was rejected about May 1915.