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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
J.C.DOSHI
Kodarbhai Kevdabhai Hadat – Appellant
Versus
Collector – Respondent
| Table of Content |
|---|
| 1. questions of law in second appeal (Para 1 , 3) |
| 2. plaintiff's claim of land allotment (Para 4) |
| 3. arguments presented by the appellant (Para 5) |
| 4. scope of jurisdiction in second appeal (Para 7 , 8 , 10) |
| 5. court's analysis of evidence (Para 12 , 13 , 14) |
| 6. conclusion of the court's decision (Para 19 , 20) |
ORDER :
J. C. DOSHI, J.
1. This second appeal u/s 100 of the Code of Civil Procedure, 1908 (in short “the Code”) questions the legality and propriety of the judgment and decree dated 15.11.2025 passed by the learned Additional District Judge, Arvalli @ Modasa in Regular Civil Appeal No.37 of 2022, by which the learned appellate Court dismissed the appeal and confirmed the judgment and decree dated 28.4.2018 passed by the learned Principal Senior Civil Jujdge, Modasa in Regular Civil Suit No.75 of 2010, whereby the plaintiff’s suit was dismissed.
2. For the sake of convenience and brevity, parties are referred to as per their original status before the learned trial Court.
3. Following questions of law have been posed as substantial questions of law:-
“(a) Whether the Courts below have committed a substantial error of law in holding that no enforceable right can arise und
Enforceable rights under the Forest Rights Act require strict adherence to statutory procedures; mere possession without valid documentation cannot substantiate legal claims over forest land.
Possession established through continuous use despite challenges from opposing parties upholds rights against forcible dispossession.
Second Appeal – Substantial question of law -condition precedent for entertaining and deciding a Second Appeal being existence of a substantial question of law, whenever a question is framed by the H....
Adverse possession requires clear and unequivocal evidence of continuous, open, and hostile possession against the true owner's title, validly pleaded and established.
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