N.H.BHAGWATI, Y.V.DIXIT
Fakirbhai Bhagwandas and Anr. – Appellant
Versus
Maganlal Haribhai and Anr. – Respondent
Key Points: - The court held that alluvial lands not falling within Section 46 vest in the Crown and can be disposed of by the Collector under Section 63, with Section 64 providing the occupant’s right to temporary use if the area does not exceed one acre (!) (!) . - The grant dated 29-10-1942 in favor of Capt. Ansell was within the Collector’s powers under Section 64 and was valid, making Capt. Ansell the riparian owner for the purposes of that grant, thereby affecting the rights claimed by others (!) (!) (!) (!) . - The applicant-plaintiffs were in possession at the time of suit and are entitled to injunctive relief under Section 54, Specific Relief Act, and Ismail Ariff v. Mahomed Ghous establishes that possession can support a relief of injunction even without proving full title (!) (!) (!) . - The consent decree in Suit No. 44 of 1941 did not give deft. 1 rights to the alluvial land; his claimed rights were limited to interests in the adjacent land and did not extend to possession of the alluvial land, which remained with Capt. Ansell or the Crown, as determined by the appellate court (!) (!) (!) . - The appellate court’s findings that the plaintiffs failed to prove title were reversed; the Supreme Court restored the trial court’s decree in favor of the plaintiffs, affirming their rights to injunctive relief and possession (!) (!) (!) (!) . - The respondent’s application for additional evidence under Order 41, Rule 27 was rejected as inappropriate given the stage of proceedings and the nature of alleged fraud or forgery in the original grant (!) (!) . - The decision clarifies that an alluvial land grant to Capt. Ansell did not survive as a right in deft. 1 to enforce possession or output rights over the alluvial land (!) .
Bhagwati, J.
1. This is a second appeal against the decision of the learned Dist. J. Surat who modified the decree passed by the learned Civil Judge at Bulsar in favour of the pltfs. The facts which gave rise to this second appeal may be shortly stated as under.
2. The suit land is an alluvial land adjoining a piece of land out of survey No. 302/1/1 of Bhadeli Jagalala measuring about 15 acres. The adjacent land of about 8 acres out of this survey No. 802/1/1 belonged to certain Kolis it was purchased from them by deft. 1 by a sale-deed dated 25 9-1937. The Kolis were, however, not in possession of that piece of land but one Mrs. Ansell was in possession of the same. It was, therefore, agreed between deft. 1 the Kolis that if the Kolis got possession of the said land, they should hand it over to deft. 1 or deft. 1 should obtain possession of the land by lawful means from Mrs. Ansell. Mrs. Ansell, however, continued in possession of the same the possession of that piece of land could not be recovered either by the Kolis or by deft. 1. Defendant 1, therefore, filed a suit being Suit No. 44 of 1941 in the Ct. of the Second Class Subordinate Judge at Bulsar against Mrs. A
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