RAHEMANBHAI KASAMBHAI VANORA Vs. MANIBHAI RAMABHAI

JUDGEMENT

(1.) The appellant ori. plaintiff has filed this Second Appeal under Section-100 of the Civil Procedure Code challenging the order passed by the learned Second Extra Assistant Judge, Vadodara in Regular Civil Appeal No.70 of 1982 allowing the said Appeal and setting aside the judgment and decree passed by the learned Civil Judge (J.D.) Karjan in Regular Civil Suit No.5 of 1979.

(2.) The Second Appeal was admitted by the Court and following substantial question of law was formulated for determination and consideration of this Court.

(3.) The brief facts of the case are that the plaintiff had purchased the suit house bearing No.96 under registered Sale Deed Ex.52 executed by Chhitabhai Valjibhai and he was put to possession on the basis of said Sale Deed. The plaintiff's name was also got registered as an owner and occupant of the said house under the records of Gram Panchayat, Hadod. The plaintiff also used to pay panchayat taxes. It is also the case of the plaintiff that the defendants without any sufficient cause obstructed his possession on 31.12.1978 and hence the plaintiff had filed suit praying for the relief of permanent injunction. The said suit was resisted by the defendants by filing Written Statement Ex.15. It was inter alia contended by the defendants that the Sale Deed was got up as its executant was not a person at Hadod Village owning the suit house in his name and that the defendants are in possession of the suit house since their forefather. It is further contended that the plaintiff was never put to possession of suit house as alleged by him and, therefore, the suit deserves to be dismissed.