Judgment

V. RAMASWAMI, J:- The plaintiff Bhavnagar Municipality are the appellants. The suit was filed by the plaintiff for a declaration of its title and for possession of the suit property described in the schedule to the plaint. They had also prayed for damages for wrongful occupation in respect of a portion of the property and rent for another portion, for the period from 1st, January, 1964 till possession of the property is delivered to the plaintiff. The defendants are the Union of India and the State of Gujarat. The suit property is described in two parts in the schedule to the plaint. The first part consist of a large extent of vacant land which is referred to in these proceedings as Parade Ground. The second part is covered by Survey Nos. 162, 163, 164 and 165 on which structures of old Lancers lines, are standing and certain evacuees were occupying at the time of the suit. This second part is sometimes referred to as Lancers quarters and also sometimes as Rasala Lines. The plaintiffs case was that by Resolution No. 37 dated, 19th January, 1984 published in the Bhavnagar Darbar Gazette dated 24th January, 1948.

"...The Bhavnagar State bestowed the rights of the State of Bhavnagar to effect sales of land in the Municipal area of Bhavnagar City in Bhavnagar Municipality and by a further Order No. 77 dated the 29th of February, 1948 the State vested the said lands except four plots of land mentioned therein in the Bhavnagar Municipality..."

The further case of the plaintiff was that by virtue of these orders the entire suit lands mentioned in the plaint have

"vested in and belong to the plaintiff who entered into and remained in possession thereof till recently."

And that subsequent to the erstwhile State of Bhavnagar merging in the United States of Kathiawar which was subsequently known as the State of Saurashtra, the Government of Saurashtra recognised the aforesaid Resolutions dated 19th January, 1948 and 29th February, 1948. The further case of the plaintiff was the Government of India claiming to be the owner of the Parade Ground, in or about June, 1961 fixed the boundary marks and that the Government of Indias entry into possession constitute wrongful encroachment. The plaintiff claimed damags for this wrongful occupation of the Parade Ground from 1st January, 1964 till they vacate the wrongful encroachment and hand over possession to the plaintiff.

2. So far as the Lancer quarters or Rasala Lines is concerned it was stated in the plaint that the structures in the land covered by the Survey numbers referred to in part 2 of the schedule to the plaint did not belong to the plaintiff, that the same were occupied by the State Lancers and subsequently by the refugees, and that the plaintiff allowed the land and the structures thereon to be used free by the Government. However, they were entitled to recover rent or compensation in respect of this land for the period from 1st January, 1954 till delivery of possession.

3. The Union of India filed a written statement which was adopted by the State of Gujarat. It was contended by the defendants that the Parade Ground was used by the Ex-Bhavnagar State forces and that barracks and other military buildings used for accommodation of the Ex-Bhavnagar State forces known as Lancers Lines were in existence for a long time prior to 1948 in the suit property known as Rasala Lines and that consequent upto the Bhavnagar State acceding to the Indian Union and consequent on the Federal Financial Integration of States, the accommodation, lands and buildings in the use or occupation of the Ex-State forces were transferred to the Government of India and became its property. The Board of officers consisting of six members including Executive Engineer, Public Works Department as representative of the State of Saurashtra was constituted and the buildings known as infantry lines and Lancers lines were taken over on 7th June, 1951 by the Government. of India. They further stated that the State of Saur