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2024 Supreme(Online)(GUJ) 9233

HIGH COURT OF GUJARAT
J. C. DOSHI, J
NAVINCHANDRA HANSRAJBHAI LAKHIAR – Appellant
Versus
JAMNAGAR MUNICIPAL CORPORATION – Respondent


Advocates:
MR MEET D PANSURIA for the Appellant(s) No. 1; MS SHRUTI DHRUVE, ASST. GOVERNMENT PLEADER for Respondent No.2

Table of Content
1. plaintiff purchased land (Para 1 , 2 , 3 , 4)
2. plaintiff's claims and errors (Para 6)
3. disputed land status (Para 8 , 9 , 10 , 11)
4. presumption of correctness (Para 12 , 13 , 14 , 15 , 16 , 17 , 18 , 19 , 20 , 21 , 22 , 23)

ORAL JUDGMENT

1. The concurrent finding arrived at by the learned Civil Court in Regular Civil Suit No.135 of 2005 as well by Appellate Court in Regular Civil Appeal No.68 of 2014 whereunder the Courts below have dismissed the suit of the plaintiff. The judgment and decree is also confirmed in the first appeal are called in question in the second appeal under Section 100 of the Code of Civil Procedure, 1908 (for short ‘CPC’).

2. Unsuccessful plaintiff is the appellant and successful defendants are the respondents. For the sake of convenience, the parties are referred to as they are stated before the learned Trial Court.

3. Learned AGP Ms.Shruti Dhruve appears on advance copy for respondent Nos.2 and 3.

4. The brief facts leading to filing of this second appeal are as under.

4.1 It is the case of the appellant that he has purchased land bearing Revenue Survey No.43/2 admeasuring Acre 4-34 Gunthas of village Dadiya, Jamnagar vide registered sale

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