TAPU KUKA Vs. KOLI NARAN PUNA

JUDGEMENT

(1.) This is an appeal preferred by the appellant-original defendant under Section 100 of Code of Civil Procedure, 1908 being aggrieved by the judgment and decree dated 6th January 1981 passed by the District Jude, Amreli in Regular Civil Appeal No. 5 of 1979 whereby the learned District Judge dismissed the appeal and confirmed the judgment and decree dated 30.11.1978 passed by the learned Civil Judge [J.D.] Kodinar in Regular Civil Suit No. 445 of 1976.

(2.) Facts of the case in brief, are that the appellant-original defendant is tenant of suit house whereas the respondent-original plaintiff is the owner of the suit house situated in village Harmadia of Kodinar taluka. The respondent-plaintiff filed the Regular Civil Suit No. 445 of 1976 against the present appellant-original defendant for actual and vacant possession of the suit house together with mesne profits from the date of the suit till delivery of possession on the ground of non-payment of rent by the defendant to the plaintiff.

(3.) The said Regular Civil Suit No. 445 of 1976 was heard and decided by the learned Civil Judge [J.D.], Kodinar vide judgment and decree dated 30.11.1978 whereby, the learned trial Judge decreed the suit of the plaintiff and directed the defendant to hand over possession of the suit premises to the plaintiff.