STATE OF GUJARAT Vs. MAHENDRAKUMAR PARSHOTTAMBHAI DESAI
LAWS(SC)-2006-4-92
SUPREME COURT OF INDIA (FROM: GUJARAT)
Decided on April 10,2006

STATE OF GUJARAT Appellant
VERSUS
MAHENDRAKUMAR PARSHOTTAMBHAI DESAI Respondents


Referred Judgements :-

MUNICIPAL CORPORATION OF GREATER BOMBAY VS. LALA PANCHAM [REFERRED TO]



Cited Judgements :-

NETWORK INC VS. K R MOHAN REDDY [LAWS(APH)-2006-9-30] [REFERRED TO]
STATE BANK OF INDIA VS. ZEENATH X RAY AND EGC CLINIC [LAWS(APH)-2007-4-65] [REFERRED TO]
M HARINARAYANA ALIAS HARIBABU VS. P SWAROOPA RANI [LAWS(APH)-2008-9-47] [REFERRED TO]
STATE OF MAHARASHTRA VS. SAHADU ABA SHETE [LAWS(BOM)-2008-9-91] [REFERRED TO]
ZILDA ANTONIO BRAS DE SA VS. NARAYAN KAVLEKAR [LAWS(BOM)-2009-6-10] [REFERRED TO]
M MANI VS. CUDDALORE MUNICIPALITY [LAWS(MAD)-2010-8-458] [REFERRED TO]
CHINNATHAYAMMAL VS. K PADMAVATHY [LAWS(MAD)-2011-3-112] [REFERRED TO]
AMBA MAA MILLS VS. HARYANA STATE INDUSTRIAL DEVELOPMENT CORPORATION [LAWS(P&H)-2007-4-86] [REFERRED TO]
BEELA RAM VS. VISHNU KUMAR KHANDELWAL [LAWS(RAJ)-2011-1-90] [REFERRED TO]
MUNIR HUSSAIN SON OF LATE SYED NAZEER HUSSAIN VS. SYED MUZAFFAR HUSSAIN SON OF LATE SYED MUZAFFARUDDIN [LAWS(PAT)-2012-5-30] [REFERRED TO]
DEVAKI VS. SUBRAMANIAN [LAWS(KER)-2013-7-181] [REFERRED TO]
MUMTAZ HUSSAIN VS. ABDUL LATIF ALIAS BUNDU [LAWS(RAJ)-2013-2-177] [REFERRED TO]
JAGDISH CHAND VS. AMBIKA DEVI [LAWS(HPH)-2014-3-52] [REFERRED TO]
SWATI VS. ARVIND MUDGAL [LAWS(DLH)-2015-1-214] [REFERRED TO]
K R MOHAN REDDY VS. NET WORK INC [LAWS(SC)-2007-9-27] [REFERRED TO]
UTTAMSINGH JODHSINGH AHALUWALIA VS. JAGZITKAUR GIANSINGH AHALUWALIA [LAWS(GJH)-2008-2-212] [REFERRED TO]
SATYENDRAKUMAR A PATEL VS. ABDULLATIF AHMEDHUSAIN SHEIKH [LAWS(GJH)-2008-7-262] [REFERRED TO]
KALAVATI PANDEY VS. MADHABI MUKHERJEE [LAWS(CAL)-2008-7-24] [REFERRED TO]
KASTU BAI VS. OTARMAL [LAWS(RAJ)-2014-2-33] [REFERRED TO]
Wali Ahmad Khan VS. Mahmuda Bibi [LAWS(JHAR)-2011-8-87] [REFERRED TO]
EXECUTIVE OFFICER SRI BRAMARAMBA MALLIKARJUNA SWAMY TEMPLE VS. SAI KRUPA HOMES KARIMNAGAR [LAWS(APH)-2010-4-18] [REFERRED TO]
STATE OF M P VS. SHRI GANDHI NAGAR GRIH NIRMAN SAHAKARI SANSTHA LTD [LAWS(MPH)-2010-9-1] [REFERRED]
FRANCIS D SOUZA VS. RAJNI [LAWS(MPH)-2011-11-62] [REFERRED TO]
DHARMENDRA VS. SHANKARLAL [LAWS(RAJ)-2010-7-23] [REFERRED TO]
RAM PRAKASH VS. ADDITIONAL DISTRICT JUDGE [LAWS(ALL)-2013-2-34] [REFERRED TO]
BHURE KHAN VS. YASIN KHAN [LAWS(RAJ)-2014-2-112] [REFERRED TO]
JOGINDER SINGH VS. DESH RAJ [LAWS(HPH)-2013-5-94] [REFERRED TO]
RAMHIT VS. ADDITIONAL DISTRICT JUDGE AND ORS. [LAWS(ALL)-2014-12-279] [REFERRED TO]
KIRAN KUMARI AND ORS. VS. HANUMANT SINGH AND ORS. [LAWS(RAJ)-2014-2-215] [REFERRED TO]
PARMANAND KANAIYALAL NIMBARK VS. A M C [LAWS(GJH)-2015-3-246] [REFERRED TO]
PATEL VASHRAM PANCHA AND ORS VS. STATE OF GUJARAT AND ORS [LAWS(GJH)-2014-8-312] [REFERRED TO]
SARASWATI DEVI AND ORS VS. VIJAY PRAKASH SINGH [LAWS(PAT)-2014-8-83] [REFERRED TO]
DEV RAJ AND OTHERS VS. MAHANT RAJINDER GIR AND OTHERS [LAWS(HPH)-2016-5-57] [REFERRED TO]
ALI AKBAR VS. STATE OF KERALA [LAWS(KER)-2016-6-112] [REFERRED TO]
SUSHMA MEHTA VS. MEHAR SINGH AND OTHERS [LAWS(HPH)-2013-4-168] [REFERRED TO]
MRADULA SHIVHARE & ORS VS. MUNNI DEVI AND OTHERS [LAWS(MPH)-2013-3-292] [REFERRED]
INDER SINGH VS. DEIYA (SINCE DECEASED AND REPRESENTED BY HIS L RS) [LAWS(P&H)-2010-2-362] [REFERRED]
DHARMENDRA PASWAN VS. STATE OF BIHAR AND OTHERS [LAWS(PAT)-2007-9-123] [REFERRED TO]
BIHAR STATE SUNNI WAKF BOARD VS. SYED SHAH TAQUIUDDIN AHMAD [LAWS(PAT)-2011-11-146] [REFERRED]
SH. VIPTU RAM VS. GANGA DASS [LAWS(HPH)-2013-5-161] [REFERRED TO]
BASANT KUMAR MEHROTRA VS. RAM LAXMAN JANKI VIRAJMAN MANDIR [LAWS(ALL)-2017-3-152] [REFERRED TO]
GYAN PRAKASH CHATURVEDI (DECEASED) VS. ADDL. D.J. [LAWS(ALL)-2017-4-135] [REFERRED TO]
BALWANT SINGH NARANG VS. SAROJ GUPTA [LAWS(P&H)-2017-2-94] [REFERRED TO]
SUNIL PARASHAR VS. KAPIL KHANNA [LAWS(MPH)-2017-2-160] [REFERRED TO]
P J IYPE VS. KERALA GRAMIN BANK [LAWS(KER)-2017-3-150] [REFERRED TO]
BIBI AISHA BEGAM WIFE OF SYED ZAFFAR HASNAIN @ LAL BABU AND ORS VS. BIBI SHAHNAZ BEGAM AND ORS [LAWS(PAT)-2015-3-244] [REFERRED TO]
SHRI RUBEN VASCO DA GAMA AND ANR., VS. CANNON FR. SANTANA JACINTO DOS REMEDIOS FALEIRO AND 8 ORS., [LAWS(BOM)-2017-1-275] [REFERRED TO]
CHAKKARABANI VS. GOPAL GOUNDER [LAWS(MAD)-2020-1-341] [REFERRED TO]
RAM SINGH VS. SARVESH KUMAR MITTAL [LAWS(UTN)-2020-3-58] [REFERRED TO]
ORIENTAL INSURANCE CO. LTD. VS. JHAMB SPARK COLOURS STREET RAJA RAM KALIA [LAWS(NCD)-2019-11-109] [REFERRED TO]
B NAGARAJA REDDY VS. B. SAMBO SANKAR REDDY [LAWS(APH)-2020-12-187] [REFERRED TO]
MANORMA DEVI VS. STATE OF JHARKHAND [LAWS(JHAR)-2021-9-8] [REFERRED TO]


JUDGEMENT

B.P. Singh, J. - (1.)The State of Gujarat has preferred these appeals by special leave impugning the judgment and order of the High Court of Gujarat at Ahmedabad dated May 7, 2002 in First Appeal No. 969 of 1994. The High Court dismissed the appeal preferred by the State and affirmed the judgment and decree of the 3rd Joint Civil Judge, Vadodara in Special Civil Suit No. 776 of 1992 dismissing the suit preferred by the State for declaration of its right, title and interest over the lands in dispute. The State has also impugned the judgment and order of the same date whereby two Civil Application Nos. 964 and 1150 of 2002 in First Appeal No. 969 of 1994 moved by the appellants for adducing additional evidence were dismissed. All the three appeals are being disposed of by this judgment.
(2.)Before adverting to the facts of the case it is necessary to briefly notice the facts and the proceedings which preceded the filing of the suit by the State of Gujarat.
(3.)The respondents claimed to be the owners of 138 Vighas 19 Vasas of land recorded under various zerif numbers in the Fesal Patrak of the year 1892. According to the respondents out of the aforesaid lands, lands admeasuring 85 Vighas 1 Vasa were acquired by the then State of Baroda. Thus an area of 53 Vighas and 18 Vasas remained in the ownership and possession of the respondents.
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