LAXMISHANKAR HARISHANKAR BHATT Vs. YASHRAM VASTA

JUDGEMENT

(1.) Undaunted by the failure in both the Courts below, the appellant has come up in appeal before this Court. The facts lie in a narrow compass.

(2.) The appellant filed Special Civil Suit No. 54 of 1970 in a Court of Civil Judge at Jamnagar for recovery of possession together with mesne profits, of suit properties which are survey No. 34 measuring an extent of 8 acres 7 gunthas and survey No. 35 measuring an extent of 9 acres 8 gunthas. There is also a house situate in survey No. 34. According to the appellant, he purchased the property from Narashankar Velji and others by a registered sale deed dated 12-2-1968 for a sum of Rupees 6,000 /- As such, he became the sole owner of the suit property. Vashram Vasta was originally the tenant of the appellant's predecessor-in-title. After the death of said Vashram Vasta, defendant Nos. I to 4, his sons and Defendant No. 5, his widow continued in possession of the suit property. A suit notice was issued on 14-4-1968 demanding possession but that did not evoke any response. Therefore, the suit.

(3.) The respondents in the written statement questioned inter alia the jurisdiction of the civil Court to try the suit as it was barred by the provisions of-the Saurashtra Barkhali Abolition Act, 1951. The certificate issued by Mamlatdar was without jurisdiction, as a matter of fact, the same had been obtained by fraud. Even otherwise, assuming the suit was maintainable, the appellant had not become the owner of the suit property under the sale deed dated 12-2-1968. There were other co-owners of the suit properties. They had not been impleaded in the suit and, therefore, the suit is liable to be dismissed for non-joinder of necessary parties.