G H PRAJAPATI Vs. J B BHATT

JUDGEMENT

(1.) This is an appeal under Sec. 96 read with Order 41 of the Code of Civil Procedure, 1908 (for short, "the Code"), challenging the judgment and decree dated 31st December, 1994 recorded by the learned Civil Judge (S.D.), Anand in Special Civil Suit No. 185 of 1990, under which the learned Civil Judge decreed the suit of the respondent-original plaintiff and directed the appellant-original defendant to hand over peaceful and vacant possession of the property in dispute between the parties in the suit. The learned trial Judge further directed the appellant-original defendant to pay mesne profit at Rs. 400.00 p.m. from the date of the suit till the date on which he actually hand over the possession of the property to the respondent-original plaintiff.

(2.) It appears from the record that the respondent-original plaintiff instituted the aforesaid suit before the learned Civil Judge (S.D.), at Anand for possession of the property in question. The suit was resisted by the present appellant by filing written statement at Exh. 19. Thereafter, issues were framed and matter was taken up for recording of evidence.

(3.) It has come on record that the present appellant being the original defendant had also instituted a suit being Civil Suit No. 66 of 1987 against the present respondent-original plaintiff for certain declaration and injunction and there the present appellant claimed that he was a tenant in respect of the property in question. There was some interlocutory application under Order 39, Rule 2 of the said Code. The matter had gone to the District Court from the said order of the Civil Court under Order 43 of the said Code. Thereafter, the matter had come to this Court in Revision under Sec. 115 of the said Code.