Judgment

 The State of Gujarat has questioned the order passed by the Division Bench of the High Court in L.P.A. No. 21 of 1966 whereby the Division Bench came to the conclusion that the disputed land belonged to the Wakf administered by the respondent. Two questions were urged before the Division Bench:

(i) that the suit filed on the conclusion of the proceedings initiated under Section 37(2) of the Bombay Land Revenue Code, 1879 was not competent as the plaintiff had failed to exhaust all the remedies available under the Code before the institution of the suit; and

(ii) that the presumption under Section 110 of the Evidence Act could not be raised in such cases where the claim is sought to be decided under Section 37(2) of the Code.

So far as the first contention is concerned, reliance was placed on Section 11 of the Bombay Revenue Jurisdiction Act, 1876 which runs as under:

"No Civil Court shall entertain any suit against the Government on account of any act or omission of any Revenue Officer unless the plaintiff first proves that previously to bringing his suit, he has presented all such appeals allowed by the law for the time being in force as, within the period of limitation allow