SHRENIKBHAI KASTURBHAI Vs. RC THAKKAR

JUDGEMENT

(1.) BY way of this Revision Application, the original plaintiffs-present applicants have challenged the judgment and decree dated 18.04.1995, passed by the Appellate Bench of Small Causes Court, Ahmedabad, in Civil Appeal No. 36 of 1994, whereby the learned Judge has reversed the findings of the trial Court, passed on 11.02.1995, in H.R.P. Suit NO. 654 of 1984.

(2.) THE facts of this case are that the Ahmedabad Sheth Anabndji Kalyanji Pedhi is a registered trust under the B.P.T. Act, and applicant Nos. 1 to 9 are its trustees. Survey No. 516 in F.P. No. 6 Palki and T.P. Scheme No. 30 is owned by applicant-trust. Out of this Survey No. 516, open land bearing Municipal Census No. 105-A and Survey No. 519-1 been let out to the original defendant-present respondent No.1. This property has been let out to respondent No.1 as an open plot and respondent No.1 has agreed that suit land is to be kept as open plot. It is stated that some construction has been made in the said open land with the permission of applicant-trust and rest of the land remained as an open plot. Though the suit land has been let out to respondent No.1 for the purpose of godown and was to be kept as open land, respondent No.1 had constructed rooms and long wall in East-West side in the said open land. THErefore, the respondents filed H.R.P. Suit No. 654 of 1984.

(3.) HEARD Mr. V.C. Desai, learned Advocate for the applicants. He submitted that the Appellate Court has committed error in reversing the order of the Trial Court. He strongly relied upon the observations made by the Trial Court and contended that the order of the Appellate Court is required to be set aside and the order of the Trial court is required to be restored.