FA/2059/1983 1/4 JUDGMENT IN THE HIGH COURT OF GUJARAT AT AHMEDABAD FIRST APPEAL No. 2059 of 1983 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 ? =================================== STATE OF GUJARAT - Appellant(s) Versus HARIBHAI RAMABHAI & 1 - Defendant(s) =================================== Appearance : MR SUNIT SHAH, GP, for Appellant(s) : 1, MR ARUN H MEHTA for Defendant(s) : 1, NOTICE SERVED for Defendant(s) : 2, =================================== CORAM : HONOURABLE MR.JUSTICE KS JHAVERI Date : 06/05/2008 FA/2059/1983 2/4 JUDGMENT ORAL JUDGMENT 1. This appeal is directed against the judgement and order dated 30th June 1983 passed by City Civil Court, Ahmedabad in Civil Suit No.1770 of 1980 whereby the present appellant was directed to restore the possession of the original plaintiff of the suit land admeasuring 2000 square yards bearing survey no.505/A/1/1 situated in Vadaj taluka of city of Ahmedabad (hereinafter referred to as the suit land). 2. The plaintiff was in possession of the suit land and the survey number of the said land was 527. Originally the land owner was one Budhulal alias Chotalal Mahasukhram and through him the plaintiff was in possession of the suit land. Formerly father of the plaintiff was cultivating the land and after the death of the plaintiff’s father the plaintiff has been cultivating this land since last many years. In some portion of the land, there are some shops and huts constructed by the plaintiff and the plaintiff has not filed a suit claiming possession on that part of the land. Name of the plaintiff and his predecessor was entered into records of rights and they were paying land revenue. Even though the defendants had no FA/2059/1983 3/4 JUDGMENT right in the suit land on 30.8.1978, the City Mamlatdar of Ahmedabad came on the suit land with police and removed the wire fencing of the plaintiff and forcibly took over possession. It is appears that after taking over possession of the suit land the possession of the same has been handed over to defendant no.2 by defendant no.1. The plaintiff had originally filed civil suit No.3076 of 1978 in the City Civil Court at Ahmedabad on 30.8.1977 alleging that the defendant no.1 was trying to take away possession of the suit land from the plaintiff forcibly and seeking relief of prohibitory injunction restraining the defendant State Government from taking over possession of the suit land. Ultimately the said suit was withdrawn on 18.3.1980 and thereafter the present suit has been filed. 3. Heard the learned Advocate for the respective parties and perused the judgement. 4. After considering the issues framed in para 6 of the judgement the trial court has considered the action taken by the State of Gujarat. Ultimately the trial court, relying on certified copy of the Panipatrak in the name of Vala Rama. It is found that in Exh.29, certified copy of the pani patrak, name of Rama Vasta is FA/2059/1983 4/4 JUDGMENT shown in the years 1947-48 and 1948-49 and name of Vala Rama has been shown in the year 1949-50 and that the plaintiff has also produced another copy of pani patrak at Exh.30 which covered period from 19.5.52 to 1960-61 and Vala Rama has been shown to be in possession of same. In that view of the matter the trial court has restored the possession. I am in complete agreement with the reasonings adopted and findings arrived at by the trial court. There are no merits in the appeal. The same is therefore dismissed. No order as to costs. 5. It is observed that it will be open for the State to take appropriate action in the matter if it is permissible under the law. [K.S. JHAVERI, J.] ar