BHARATKUMAR SHANTILAL Vs. LAXMINARAYAN BHURELAL

JUDGEMENT

(1.) This appeal by the original plaintiffs is filed against the judgment and decree dated 30-6-1988 passed by the learned Judge, City Civil Court No.2, Ahmedabad, in Civil Suit No.3445 of 1981 whereby the suit of the plaintiffs was dismissed.

(2.) The facts in short are that the plaintiffs were tenants in the property consisting of shops in Fulchand Mulchand's chawl in open land bearing M.C.No.278 and 278/1. The plaintiff No.1 resided and was doing business in the shop of property bearing M.C.No.278/1 wherein his wife was a tenant while plaintiff No.2 was doing business in M.C.No.278. They were to purchase the respective shops for which, the plaintiff No.2 has paid earnest money also. The defendant wanted to make kachha or pucca construction in the open land of the shop of plaintiff No.1 and when the defendant was trying to make construction, they asked him not to make the said construction. Still, however, he was not paying any attention to their say and hence, the suit was filed by the plaintiffs.

(3.) The defendant resisted the suit by filing written statement contending inter alia that the plaintiffs have no right to file such a suit. It was further contended that the suit suffered from non-joinder of parties. It was further contended that the plaintiffs were not tenants of the open land in front of their shops nor were they residing in the said shops. They also denied to have made any construction. It was prayed that the suit be dismissed.