95 dated 2lst July, 1950 is a companyy of the proceedings of the Board of Officers of the Defence Department in which they have described detailed inventory of Defence department assets, accommodations, installations, furniture, fitting and companynected stores pertaining to Saurashtra state forces in Bhavnagar.
They further stated that the State of Saurashtra admitted the ownership of the suit property and the structures vested in the Defence Ministry from the date of Financial integration and when the State of Saurashtra, as it was then known required the land of the Parade Ground for this use that was handed over to the Saurashtra Government on 7th July, 1952 by the military engineers of the Government of India.
The first defendant Union of India, filed an appeal to the High Court of Gujarat against this judgment and decree of the Trial Court and the Bhavnagar Municipality filed cross objections in so far as the suit was dismissed in respect of the land companyprised in the Rasala Lines.
Particulars of the lands Open land of Gangajalia Talav situated at South side of the theatre and the temple and wire fencing done near Gangajalia Talav.
37 dated 19th January, 1948 and Reso lution No.
The Union of India filed a written statement which was adopted by the State of Gujarat.
37 dated 19th January, 1948 or Resolution No.
Accordingly, the suit for possession was decreed in respect of the Parade Ground and dismissed in respect of the Rasala Lines.
The High Court however allowed the appeal of the Union of India in the view that even assuming that by virtue of the Resolution No.
The High Court also held since the plaintiff had number shown possession of the suit building within 12 years prior to 3rd March, 1964 when the suit was filed, the suit was also liable to be dismissed as barred by limitation, and that therefore it was number necessary either to deal with the argument of the defendants that the vesting that was companytem plated in the Resolution 37 dated 19th January, 1948 and Resolution 77 dated 29th February, 1948 was number intended to be vesting in its full amplitude, but was meant only to appoint the Municipality as agent of the State to dispose of the land.
77 dated 29th February, 1948 vested in the plaintiff the land of the Parade Ground or the lands and buildings known as Rasala Lines.
236 of 1971.
The Trial Court held that the plaintiff had proved its title to the suit land and that they were in possession in the suit property till 7th July, 1952 when physical posses sion was handed over by the military engineers of the Gov ernment of India to the State Public Works Department of the State of Saurashtra.
The defendants also denied that they were trespassers or liable to pay damages and rent in respect of the suit property.
A triangular piece of the land opposite to Sir Takhatsinhji Hospital near Kailasbaug.
He also assailed the finding of the High CoUrt on the question whether the plaintiff was handed over or taken possession of the suit property in pursuance of the Resolu tion dated 19th January, 1948.
77 of dated the 29th of February, 1948 the State vested the said lands except four plots of land mentioned therein in the Bhavnagar Municipality The further case of the plaintiff was that by virtue of these orders the entire suit lands mentioned in the plaint have vested in and belongs to the plaintiff who entered into and remained in possession thereof till recently.
The plaintiff Municipality have filed this appeal under Article 136 1 of the Constitution against this judg ment of the High Court of Gujarat.
The defendants denied that either the Resolution No.
The defendants are the Union of India and.
The open square plot Chogan opposite to Darabari Motor Garrage.
Since the suit was filed on 3rd March, 1964 the suit was number barred under section 65 of the Limita tions Act, 1963.
They had also prayed for damages for wrongful occupation in respect of a portion of the property and rent for another portion, for the period from 1st January, 1964 till possession of the property is delivered to the plaintiff.
However, on the ground that in respect of Rasala Lines the plaintiff have admitted that they did number own the buildings thereon, they are number entitled to recover possession of the lands companyered by the Survey numbers de scribed in the second part of the schedule to the plaint.
This second part is sometimes referred to as Lancers quarters and also sometimes as Rasala Lines.
From the Judgment and Order dated 23.3.
Information regarding this resolution may be sent to the parties companycerned.
37 dated 19th January, 1948 the title to the Parade Ground had companye to be vested in the Municipality, there was numberhing on record to show that the Municipality was formally handed over the land in question, that its right over the land was never recognised by the Union of India or the State Government and that the various documents filed in this case, would go to show that as early as July, 1950 these lands and other properties which were in occupation of the erstwhile state military had been taken over and remained under the companytrol of the Defence Ministry of the Union of India and that the possession was handed over by the Union of India to the State Government on 7th July, 1952 for use.
the State of Gujarat.
37 dated 19th January, 1984 published in the Bhavnagar Darbar Gazette dated 24th January, 1948 The Bhavnagar State bestowed the rights of the State of Bhavnagar to effect sales of land in the Municipal area of Bhavnagar City in Bhavnagar Municipality and by a further Order No.
CIVIL APPELLATE JURISDICTION Civil Appeal No.
The open square plot Chogan situated opposite to Gangnath Mahadev Towards Darbar Hall and Nakubag.
1978 of the Gujarat High Court in First Appeal No.
The suit property is described in two parts in the schedule to the plaint.
The suit was filed by the plaintiff for a declaration of its title and for possession of the suit property described in the schedule to the plaint.
162, 163, 164 and 165 on which structures of old Lancers lines, are standing and certain evacuees were Occupying at the time of the suit.
F. Nariman, P.H. Parekh and M.K. Pandit for the Appellant.
The second part is companyered by Survey Nos.
And that subsequent to the erstwhile State of Bhavnagar merging in the United States of Kathiawar which was subse quently known as the State of Saurashtra, the Government of Saurashtra recognised the aforesaid Resolutions dated 19th January, 1948 and 29th February, 1948.
The Judgment of the Court was delivered by RAMASWAMI, J. The plaintiff Bhavnagar Municipality are the appellants.
So far as the Lancer quarters or Rasala Lines is company cerned it was stated in the plaint that the structures in the land companyered by the Survey numbers referred to in part 2 of the schedule to the plaint did number belong to the plain tiff, that the same were occupied by the State Lancers and subsequently by the refugees, and that the plaintiff allowed the land and the structures thereon to be used free by the Government.
P. Bhatt, C.V. Subba Rao, P.P. Srivastava, Mrs. H. Wahi and M.N. Shroff, NP for the Respondents.
However, they were entitled to recover rent or companypensation in respect of this land for the period from 1st January, 1954 till delivery of possession.
The plaintiff claimed damages for this wrongful occupation of the Parade Ground from 1st January, 1964 till they vacate the wrongful encroachment and hand over possession to the plaintiff.
The first part companysist of a large extent of vacant land which is referred to in these proceedings as Parade Ground.
The Board of officers companysisting of six members including Executive Engineer, Public Works Department as representative of the State of Saurashtra was companystituted and the buildings known as infantry lines and Lancers lines were taken over on 7th June, 195 1 by the Government of India.
it was companytended by the defendants that the Parade Ground was used by the Ex Bhavna gar state forces and that barracks and other military build ings used for accommodation of the Ex Bhavnagar state forces known as Lancers Lines were in existence for a long time prior to 1948 in the suit property known as Rasala Lines and that companysequent upon the Bhavnagar State acceding to the Indian Union and companysequent on the Federal Financial Inte gration of States, accommodation, lands and buildings in the use or occupation of the Ex state forces were transferred to the Government o india and became its property.
The further case of the plaintiff was the Government of India claiming to be the owner of the Parade Ground, in or about June, 1961 fixed the boundary marks and that the Government of Indias entry into possession companystitute wrongful encroachment.
The plaintiffs case was that by Resolution No.
365 of 1981.
