PARMAR GOGJI KANA Vs. PARMAR GANESH MOTI
LAWS(GJH)-1960-6-10
HIGH COURT OF GUJARAT
Decided on June 20,1960

PARMAR GOGJI KANA Appellant
VERSUS
PARMAR GANESH MOTI Respondents


Referred Judgements :-

MAHAMEDSAHEB IBRAHIMSAHEB V. TILOKCHAND ABHEERCHAND MARWADI [REFERRED TO]


JUDGEMENT

- (1.)The suit from which this second appeal arises was instituted by the plaintiff- respondent in the Court of the Civil Judge (J. D) at Limbdi against the defendant- appellant for a permanent injunction restraining the defendant from tethering cattle in his Pali and keeping utensils and agricultural implements and also for a and agricultural implements and also for a permanent injunction restraining him from causing obstruction to him in tethering cattle or using the Pali in any way he liked and for other incidental reliefs in the suit, inter alia alleging that the suit Pali belongs to him and that the defendant has no right to tether cattle or keep any such implements so as to obstruct him in enjoyment thereof.
(2.)The defendant-appellant resisted the suit inter alia contending that the Pail in front of his house belongs to him and not to the plaintiff as alleged: that he had allowed the plaintiff to construct a Gaman as he was his neighbor and he has to remove the same when called upon to do so, that he has a right to use and enjoy the Pali in front of his house in any manner he liked and that, therefore, the suit was liable to be dismissed.
(3.)The trail Court raised the issues and in its opinion the Pali in front of the houses of the parties extending to the wall of Thaker Mandri on the East and between the two Kodyas of the plaintiff belongs to the plaintiff and that the defendant had no right to tether cattle or put any utensils and implements in the Pali in front of his house. In the result therefore, he directed the defendant to remove the wooden he from near the southern kodya and also all other utensils and implements if any, from the Gaman. The defendant is further restrained from doing any act that would interfere with the plaintiff's reasonable enjoyment of the dispute Pali. Feeling dissatisfied with that order passed on 30th November 1957 by Mr. J. S. Bhat Civil Judge ( J. D) Limbdi, the defendant preferred Civil Appeal No. 40 of 1958 in the Court of the District Judge Zalawad Division. The same issue regarding the ownership in respect is the disputed Pali was raised and he found that it belonged to the plaintiff. In the result the appeal was dismissed with costs aggrieved by that decision passed on 30th April 1959 by Mr. V. M. Solanki, District Judge Zalawad division. Surendranagar, the defendant has come in appeal.
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