( 1 ) THE facts giving rise to this Letters Patent Appeal broadly stated are that in an inquiry held by the City Survey Officer in respect of the claim made by this appellant-original plaintiff over the suit open site (called as Vada land) bearing Chalta No. 102 situated in the town of Dholka in the District of Ahmedabad an order dated 20th July 1951 was passed under sec. 37 of the Land Revenue Code declaring the land having vested in the Government and the plaintiff having no claim of ownership thereon. Against that order the plaintiff-appellant preferred an appeal to the Prant Officer who by his order dated 9th December 1953 upheld the order passed by the City Survey Officer and dismissed the appeal. Against that order also an appeal to the Collector Ahmedabad was filed and by an order dated 8th January 1964 it came to be dismissed. Against that order a Revision Application No. BRT. 137/54 came to be filed before the Bombay Revenue Tribunal and by an order dated 10th April 1956 that application came to be dismissed.

( 2 ) THAT led the plaintiff to file Civil Suit No. 1324 of 1956 against the then State of Bombay in respect of the same property in the Court of the