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1977 Supreme(SC) 170

A. C. GUPTA, M. H. BEG, P. S. KAILASAM
State Of Gujarat – Appellant
Versus
Vora Salebhaj Gulamali: Vora Akbarali Ibrahim – Respondent


Judgment

GUPTA, J. - The facts are similar in these two appeals on certificate from a common judgment of the Gujarat High Court disposing of two letters patent appeals. Respondents 1 and 2 in C. A. 2283 and the predecessor in interest of the respondents in C. A. 2248 were forest contractors. The said respondents in C. A. 2283 acquired from the jagirdars of village Jinjarvani in Chhotaudepur Taluka in District Baroda the right to cut certain trees standing on 32 survey numbers and also on survey No. 200 by two documents executed on April 25, 1954 by the jagirdars. The predecessor of the respondents in C. A. 2284 obtained a similar right in respect of certain trees in 80 survey numbers situated in village Sanada in the same taluka and district the transaction in this case is evidenced by two documents dated May 25, 1953 and June 25, 1954. Respondents 1 and 2 in C. A. 2283 instituted a suit in the court of the joint Civil Judge, Senior Division, Baroda, on October 16, 1954 for a declaration of their title to the trees purchased from the jagirdars and for permanent injunction restraining the State of Gujarat from obstructing the plaintiffs from cutting, felling and removing the said tre



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