Court : Gujarat
Decided on : Jul-12-1967
Reported in : (1968)9GLR340
Y.R. Shah, J.1. These two appeals are preferred against the decisions by this Court (Divan J.) in Second Appeals Nos. 760 of 1960 and 757 of 1960 respectively. The question about the application of the principles of res-judicata arising in these two appeals was negatived by Divan, J. in those two Second Appeals. The facts necessary to understand the points which arise in these Appeals are as follows:2. The plaintiffs in Civil Suit No. 1224 of 1954, in the Court of the Joint Civil Judge, Senior Division, Baroda who are appellants in Letters Patent Appeal No. 1 of 1966 claimed to have obtained a right to cut certain trees standing on 32 survey numbers mentioned in the plaint and also on survey No. 200 of the village Jinjarvani in Chhotaudepur Taluka by two documents dated 25th April, 1954, executed by the Jagirdars of the village. Jiajarvani was admittedly a proprietary Jagir village which would mean that the Jagirdars were the owners of the soil also. It is not disputed that these Jagir...
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