LAWS(GJH)-2010-9-57

PRABHUDAS GOKALDAS Vs. DAHIBEN ARJANDAS

Decided On September 13, 2010
PRABHUDAS GOKALDAS Appellant
V/S
DAHIBEN ARJANDAS Respondents

JUDGEMENT

(1.) This Second Appeal under Section 100 of the Code of Civil Procedure has been preferred by the appellants herein original defendant challenging judgment and order dated 06.08.1981 passed by the learned Assistant Judge, Jamnagar in Regular Civil Appeal No.142 of 1981 by which the learned Judge confirmed judgment and order dated 12.08.1981 passed in Regular Civil Suit No.12 of 1980 whereby learned Trial Court allowed the suit preferred by the present defendant original plaintiff.

(2.) Respondent herein original plaintiff instituted Regular Civil Suit No.12 of 1980 in the Court of learned Civil Judge (JD), Dwarka for eviction of Suit premises under the provisions of Transfer of Property Act. The appellant original defendant is a tenant in the suit premises and paying monthly rent of Rs.45. The suit has been instituted by the landlady through her son and power of attorney for eviction alleging that she did not wish to keep the defendant as a tenant in the suit premises. According to the plaintiff the tenancy of the defendant has been terminated by registered notice dated 05.12.1997. The appellant herein original defendant resisted by filing written statement at Exh.21 and denied the correctness of the case made by the plaintiff. The original defendant denied that landlady was the sole owner of the suit property.

(3.) Learned Trial Court framed the issues at Exh.22. On appreciation of evidence led by both the parties and on considering submissions made by respective parties, the learned Trial Court came to the conclusion that the power of attorney holder was entitled to file the suit on behalf of the landlady. Being aggrieved and dissatisfied with judgment and order dated dated 12.08.1981 passed by the learned Civil Judge (J.D.), Dwarka in Regular Civil Suit No.12 of 1980, the appellants herein preferred appeal being Regular Civil Appeal No.142 of 1981 before the learned Appellate Court. Learned Learned Appellate Court vide judgment and order dated 06.08.1981 dismissed the appeal. Hence, present appellants original defendants have preferred present Second Appeal.