SUBHANBHAI NASIRBHAI Vs. MUSLIM ALLABAX

JUDGEMENT

(1.) This appeal by the original plaintiffs is filed against the judgment and decree dated 20-4-1988 passed by the learned Judge, City Civil Court No.7, Ahmedabad, in Civil Suit No.995 of 1983 whereby the suit of the plaintiffs was dismissed.

(2.) The facts in short are that an area admeasuring 31 gunthas of land in one chawl situated near Old Kansara's Chawl, Sarangpur bearing survey No.113/B of Shaherkotda Sim, Ahmedabad was purchased by Rabiyabibi Subhanbhai by registered sale deed on 5-1-1978. On the death of Rabiyabibi Subhanbhai, the plaintiffs became the owners being the legal heirs. The defendant is staying in a hutment situated on the border line of Hiralal Parikh's chawl which is on the western side of the property of plaintiffs. It is alleged that the defendant encroached upon a portion admeasuring 8'x8' of land belonging to the plaintiffs. Though the defendant assured to remove the encroachment, he did not do so and hence, a suit was filed by the plaintiffs against the defendant after serving a notice on 25-6-1981.

(3.) The defendant resisted the suit by filing written statement at Ex.20. It was contended that suit was not maintainable. It was also contended that the Court has no jurisdiction to entertain the suit and the suit suffered from delay. It was further contended that he, being the beneficial tenant of the property of Hiralal Parikh which is situated on the northern side of the plaintiffs' property, has been staying in the said property since last thirty years and hence, it cannot be said that he has made encroachment on the land of the plaintiffs.