KANAIYALAL MADHARAJ SINDHI Vs. PARSHABEN PUNJALAL KHATRI

JUDGEMENT

(1.) BY way of this appeal the applicants have challenged the Judgment and decree dated 06.08.1999, passed by the learned Fourth Extra Assistant Judge, Baroda, in Regular Civil Appeal NO. 95 of 1996, whereby the learned Judge has dismissed the appeal and confirmed the order of the Trial court.

(2.) THE short facts of this case are that original plaintiffs owns property No. 1357/1 situated at Khatrivad, Fatehpura, Baroda. THE said premises was let out to the original defendants at a monthly rent of Rs. 12/- per month since 1.1.1960. On 23.1.1974, the plaintiffs served Notice to the defendants, seeking possession of the said suit premises. THEreafter, Rent Suit No. 1217 of 1975 filed by the plaintiffs for possession on the ground that the defendants had acquired suitable accommodation. THE said suit came to be dismissed by the judgment and order dated 29.6.1978. Against said judgment and order the plaintiffs preferred Civil application No. 218 of 1978, which also came to be dismissed. THEreafter, the plaintiffs preferred Civil Revision Application No. 806 of 1990, before this Court, which came to be allowed and this Court has remanded the said matter for a fresh trial only on the issue of alternative suitable accommodation.

(3.) LEARNED Advocate for the respondents supported the order of the Courts below and contended that the Trial Court while deciding the suit has framed following issues.