1. The present Second Appeal under Section 100 of the Code of Civil Procedure has been preferred by the appellants-original plaintiffs to quash and set aside the impugned judgment and order passed by the learned Principal District Judge, Palanpur, District Banaskantha dated 05/07/2011 in Regular Civil Appeal No. 15/2000 as well as the judgment and decree passed by the learned Civil Judge (Senior Division), Palanpur, District Banaskantha dated 05/08/2000 in Regular Civil Suit No. 252/1986 by which the learned trial Court dismissed the suit preferred by the appellants-original plaintiffs for declaration and permanent injunction.
2. The appellants-original plaintiffs instituted Regular Civil Suit No. 252/1986 in the Court of learned Civil Judge (Senior Division), Palanpur for declaration and permanent injunction against the Collector, Banaskantha at Palanpur claiming to the owner under the Jagiri Abolition Act. However, considering the fact that with respect to the very land in question there was already an inquiry under Section 37(2) of the Bombay Rent Act and in the said proceedings the disputed land in question was held to be of the ownership of the Collector/State and the said order came to be confirmed up to the High Court, the learned trial Court dismissed the suit vide order dated 05/08/2000, which has been confirmed by the learned appellate Court by impugned judgment and order dated 05/07/2011.
3. Shri Shah, learned advocate appearing on behalf of the appellants-original plaintiffs has tried to assail the impugned judgment and order passed by both the Courts below on the ground that the proceedings under Section 37(2) of the Act were ex parte and the said order was passed only on the basis of the entry made in the revenue record.
4. However, it is required to be noted that the order under Section 37(2) of the Bombay Rent Act has been confirmed on merits up to the High Court and the said order passed by the High Court has attained its finality, and, therefore, it cannot be said that both the Courts below have committed any error and/or illegality in dismissing the suit.
5. Considering the aforesaid facts and circumstances of the case, there is no substance in the present Second Appeal, which deserves to be dismissed and is accordingly dismissed.
6. Registry is directed to return the Record and Proceedings to the learned trial Court immediately.
CIVIL APPLICATION NO. 11070/2011 In view of dismissal of the Second Appeal, no order in the Civil Application.
(M.R.
SHAH, J.) siji Top