FA/1325/1984 1/4 JUDGMENT IN THE HIGH COURT OF GUJARAT AT AHMEDABAD FIRST APPEAL No. 1325 of 1984 For Approval and Signature: HONOURABLE MR.JUSTICE KS JHAVERI ========================================================= 1 Whether Reporters of Local Papers may be allowed to see the judgment ? 2 To be referred to the Reporter or not ? 3 Whether their Lordships wish to see the fair copy of the judgment ? 4 Whether this case involves a substantial question of law as to the interpretation of the constitution of India, 1950 or any order made thereunder ? 5 Whether it is to be circulated to the civil judge ? ========================================================= NURMIYA KALUMIYA & 2 - Appellant(s) Versus AAYASHABIBI WD/O MOHMADHUSEIN REHMANBHAI - Defendant(s) ========================================================= Appearance : MR JV MEHTA for Appellant(s) : 1 - 2.MR AJ MEMON for Appellant(s) : 1 - 3.UNSERVED-EXPIRED (N) for Appellant(s) : 3, RULE NOT RECD BACK for Defendant(s) : 1, ========================================================= CORAM : HONOURABLE MR.JUSTICE KS JHAVERI Date : 09/05/2008 ORAL JUDGMENT 1. This Appeal is directed against the judgment and decree passed by the learned City Civil Judge, City Civil Court, Ahmedabad in Civil FA/1325/1984 2/4 JUDGMENT Suit No. 1138 of 1982 dated 19th April, 1984 whereby, the said suit was dismissed. 2.0 The brief facts of the case are that the appellants – original plaintiffs had filed the suit being Civil Suit No. 1138 of 1982 for a declaration of title in respect of the suit property being City Survey No. 2906 of Shahpur Ward, Ahmedabad City and also for a permanent injunction restraining the respondent – defendant from obtaining the possession of the said suit property. In the said suit, the respondent filed the written statement vide Exhibit – 9. 2.1 The trial Court framed the issues and after hearing the parties and considering the evidence on record, dismissed the suit by passing the impugned judgment and decree. Being aggrieved by the same, the appellants have approached this Court by way of this Appeal. 3. Heard learned Advocate for the appellants and perused the documents on record. Though Notice was issued by this Court on 03.07.2006, none appears on behalf of the respondent. The Board shows that notice of Rule is not received back qua the respondent. 4. Having gone through the evidence on FA/1325/1984 3/4 JUDGMENT record, this appears to be a case wherein the appellants have tried to take undue advantage of some apparent error which had inadvertently crept in the relevant Municipal records. It is an undisputed fact that the property in question stood in the name of the respondent in the City Survey records and that the appellants had never applied to introduce their names in the Municipal records in respect of the said property. Therefore, evidently, the concerned Municipal Corporation had committed an error by writing the name of the mother of the appellants in the Municipal records for the construction standing on the property in question. 5. Even otherwise, the Municipal records cannot be the basis to show the title of a party in respect of any property. The appellants had not produced any other cogent evidence on record to claim their right over the property in question. On the contrary, the Sale Deed dated 05.02.1923 [Exhibit – 88] and the Sanad [Exhibit – 89] show the respondent to be the owner of the property in question. The trial Court has discussed the entire issue in detail in Para – 10 of the impugned judgment and decree and has rightly come to the conclusion that the possession could not confer any title on the basis of adverse possession. FA/1325/1984 4/4 JUDGMENT 6. Considering the facts of the case, I am of the view that the Court below was completely justified in dismissing the suit in question. I am in complete agreement with the reasonings given by and the findings arrived at by the Court below and hence, find no reasons to interfere in this Appeal. 7. For the foregoing reasons, the Appeal is dismissed. No order as to costs. [K. S. JHAVERI, J.] Pravin/*