ORAL JUDGMENT

1. The present Second Appeal is filed under Section 100 of the Code of Civil Procedure by the original defendant against the judgment and decree passed by the learned First Assistant Judge, Junagadh dated 08.07.1999 passed in Regular Civil Appeal No.46 of 1999, whereby the judgment and decree passed by the learned Civil Judge Senior Division, Junagadh dated 30.09.1988 passed in Regular Civil Suit No.689 of 1979 came to be confirmed by the First Appellate Court.

2. The appellant is the original defendant and respondent is the original plaintiff before the Trial Court. For the brevity and convenience, the parties are referred to in this judgment as per the character assigned to them, i.e.

plaintiff and defendant.

3. The brief facts giving rise to the suit of the plaintiff is that; The plaintiff has purchased the suit lands of survey nos. 1058 and 1068 in the sim of Veraval, District Junagadh vide registered sale deed dated 09.01.1968 from one Allahrakha Dada, heir of Turk Rehman Gani and Dada Gani, the predecessor in title. That the suit lands originally belonged to Alarakha Dada, Turk Husein Noormohmed, Turk Ismail Noormohmed and Turk Rehman Gani. That the lands came to the share of Dada Gani and Rehman Gani under a partition among the brothers. Dada Gani died in the year 1957 at Veraval.

3.1. That the Managing Officer-cum-Mamlatdar by an order No.EVP.6-85 dated 22.12.1971 and EVP.6-85(2) dated 12.01.1972 allotted the suit lands to one Trikamdas Asandas and Rukibai Santdas on the basis of the orders of the Regional Settlement Commissioner, Bombay vide his letter nos.RSCB.M.O.R.A.J.-Refund E.P.No.2233 Veraval-27769/71-70 dated 07.08.1970, RLCB.ASO.Raj.AGRI.land-Veraval : 19735 dated 24.08.1971 and RLCBO.SO.RAJ.(Compensation) 16539 dated 23.07.1971. That these types of allotments were made on the assumption of the facts that the lands were acquired under Section 12 of the Displaced Persons (Compensation & Rehabilitation) Act, 1954 by making false entries in the revenue records maintained in the office of the Custodian at Bombay by the concerned interested persons.

3.2. That the plaintiff has filed an appeal before the Collector-

cum-Settlement Commissioner, Junagadh against the said order of allotment, but, same came to be rejected by the Collector on 30.06.1973 on the ground that he has no authority. Therefore, the plaintiff had filed a Revision No.RP.:23-73-B.1 before the Authorized Chief Settlement Commissioner, Gandhinagar. The same came to be rejected on the ground that the heirs of the deceased Trikamdas Assandas have not been joined on the record. The plaintiff has challenged the said order on various grounds which includes that formerly, during the time of the then Junagadh State, all the agricultural lands were owned by the then Junagadh State and the persons cultivating the lands were tenants of the Government. Thereafter, these persons have become the owners of the lands by occupancy right since 01.03.1950. It is contended that even if a person cultivating the land had migrated to Pakistan before 01.03.1950, he being a tenant of the land, the nature of the ownership of the land does not get any change. It is also contended that in the former Junagadh State, the provisions of Junagadh Administration of Evacuee Properties Act, 1948 were applicable. But the agricultural lands were not included in the definition of Evacuee Properties under Section 2 of the said Act. It is contended that therefore, the provisions of Section 8 (2) (a) of the Evacuee Properties Act, 1950 are not applicable to the present land. It is also contended that by merger of Junagadh State into Saurashtra State, a notification of the Government was issued on 01.03.1950 under the Land Revenue Code and under that, the persons cultivating the lands were given occupancy right. It is contended that by virtue of enactment of the administration of Evacuee property Act, 1950, Junagadh Administration of Evacuee property Act, 1948 has been repealed. It