Dalveer Bhandari, J. - (1.) This appeal is directed against the judgment dated 27.12.2004 passed by the High Court of Gujarat at Ahmedabad in Second Appeal No. 146 of 2004.
(2.) Brief facts of the case which are necessary to dispose of this appeal are as under :- The appellant who has lost both before the Court of learned District Judge, Palanpur and the High Court has approached this Court by way of special leave petition under Article 136 of the Constitution.
(3.) The appellant (who was the plaintiff before the trial court) filed a suit for declaration of permanent injunction with the following prayer : "1) To hold and declare that the plaintiff is the lawful owner and occupier in respect of land of survey No. 66/3 admeasuring 6 Acre 11 Guntha situated in the boundaries of village Yavarpura, Taluka Deesa. 2) That the defendants of this case themselves or their agents, servants, family members do not cause or to be caused hindrance in the possession and occupation of the plaintiff in respect of land of survey No. 66/ 3 admeasuring 7 Acre 10 Guntha in the boundaries of village Yavarpura and also to grant permanent stay order to the effect that they not forcibly enter into the said land of survey No. 66/3 against the defendants and in favour of the plaintiff of this case. 3) To grant any other relief which is deemed fit and proper. 4) To award the entire cost of this suit on the defendants." The trial court framed the following issues : " 1. Whether the plaintiff has proved that he is the lawful owner of the disputed land 2. Whether the plaintiff is entitled for permanent injunction as prayed for 3. What order and decree - The trial court held that in the year 1925 the land was purchased for Rs.75/- from Gama Bhai Gala Bhai by the appellant and he is having possession of the same for the last 70 years. The learned trial court in the same judgment has also held that in 1960 the appellant forcibly took possession of the land in question and he has been in continuous possession till 1986, which is proved from the register of right of cultivation. Thus, the appellant became owner of the suit property by adverse possession.;