CHAUHAN RANCHHODBHAI FATEHSINH Vs. VALAND KESHAVLAL NATHALAL

JUDGEMENT

(1.) This is an appeal filed by the original defendant of the Regular Civil Suit No. 123/69 decreed against him by the lea rned Joint Civil Judge Junior Division at Narol whose judgment had come to be confirmed by the learned Appellate Judge in the Regular Civil Appeal No. 35/77 in the District Court of Ahmedabad (Rural) at Narol filed by him.

(2.) The respondent plaintiff had filed the suit against the appellant defendant alleging that the defendant his neighbour occupying property bearing No. 82 (the pltfs number being 85 on the western side) had encroached upon the land of his ownership No. 85 to the extent of 48 x 48 and despite the injunction issued by the Panchayat regarding not putting up the structures without the Panchayats permission he had gone ahead. The respondent plaintiffs suit initially was for an injunction restraining the defendant from interfering with his possession and going ahead with the construction but during the pendency of this suit the appellant defendant was alleged to have put up some Construction and so the plaint was amended and a prayer was added for a mandatory injunction for clearance of the land allegedly trespassed upon.

(3.) The defence of the defendant was that he was the owner of the disputed land which was a part and parcel of his property No. 82 and that at any rate he had acquired title by adverse possession he being in occupation for more than dozens of years prior to the institution of the suit.