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1991 Supreme(Guj) 345

A.N.DIVECHA
ANJAR MUNICIPALITY – Appellant
Versus
ANJAR TALUKA CO-OPERATIVE SALES purchase UNION – Respondent


Advocates Appeared: Hansa Punani, S.M.SHAH, V.S.MANKAD

DIVECHA, J.

( 1 ) THE original plaintiff of Regular Civil Suit No. 153 of 1977 decided by the learned Civil Judge (S. D.) at Bhuj on 26/10/1977 qua present respondent No. 1 has preferred this Second Appeal against the judgment and the decree passed by the learned Assistant Judge of Kachchh at Bhuj on 21/03/1979 in Civil Regular Appeal No. 214 of 1977. Thereby the lower Appellate Court was pleased to dismiss the appeal and to affirm the order passed by the learned Civil Judge (S. D.) at Bhuj on 26/10/1977 below the application at Exh. 11 dismissing the present appellants suit against present respondent No. 1.

( 2 ) THE facts giving rise to this appeal may be summarised thus : the present appellant is a Municipality constituted under the Gujarat municipalities Act, 1963. It claimed ownership of one piece of land admeasuring 93. 3 sq. yds. situated outside the Ganga. Naka near the temple of Ambaji mata in Anjar (the suit land for convenience ). According to the present appellant, the suit land came to be vested in it under the relevant provisions, contained in the Gujarat Municipalities Act, 1963. The suit land was sold by the Collector of Kachchh on behalf of the State Government to p










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