RAJNIKANT OCHHAVLAL SHAH Vs. DARJI SAMASTA PANCHA

JUDGEMENT

(1.) The petitioner has filed the present Civil Revision Application u/s 115 of the Code of Civil Procedure, 1908, challenging the judgement and order recorded by the learned Joint District Judge, Panchmahals, at Godhra on 1st April 2000 in Regular Civil Appeal No.84/1999 under which the learned Judge dismissed the said appeal and confirmed the order passed by the learned Civil Judge [J.D.] - Dahod on 18/9/1999, acting as Executing Court in Regular Execution Petition No.33/1997, under which the learned Judge directed that the possession warrant be issued in favour of the respondents and against the petitioner.

(2.) It appears from the records and arguments advanced by the learned advocates for the parties that the respondents instituted Regular Civil Suit No.118/93 before the learned Civil Judge [J.D.] - at Dahod against the petitioner on the ground that the petitioner had raised permanent structure in the rented premises without the express consent of the respondents, and therefore, is liable to be evicted from the said premises.

(3.) The petitioner was duly served and yet he did not file and written statement in the said civil suit. The said suit was filed in July 1993 and thereafter, the parties submitted an application for obtaining consent decree on 26/8/1993. The said consent terms show that the present petitioner admitted the suit of the respondents fully and the consent terms further show that the possession of the premises was to be handed over by the petitioner to the respondents latest by 1/10/1997 and if the petitioner should fail in handing over the possession thereof, then the respondents would be at liberty to take possession of the said property by getting the decree executed.