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1989 Supreme(SC) 598

L.M.SHARMA, V.RAMASWAMI
Bhavnagar Municipality – Appellant
Versus
Union Of India – Respondent


Advocates:
C.V.SUBBA RAO, H.VAHI, M.K.Pandit, M.N.SHROFF, P.H.Parekh, P.P.SRIVASTAV, R.F.NARIMAN, R.P.BHATT1`

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 Bhav





















































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