JIGISHABEN Vs. NAYNABEN MAHENDRASINH VAGHELA

JUDGEMENT

(1.) In this appeal under Order 43 Rule 1 of the Code of Civil Procedure,1908 ("the Code" for short), the appellant has assailed the judgment and order dated 28.04.2021 passed by learned Judge, (Chamber Court), City Civil & Sessions Court, Ahmedabad in Civil Suit No.1279/2020 whereby the order dated 28.04.2021 passed by the learned Judge, (Chamber Court), City Civil & Sessions Court, Ahmedabad is confirmed.

(2.) I have heard Mr. Viral V. Dave, learned advocate for the appellant and Mr. Yogesh P. Dave, learned advocate on caveat for respondent.

(3.) Mr. Viral Dave, learned advocate submits that the Court below ought to have appreciated that father of the appellant has executed rent agreement in favour of the respondent only for 11 months. He, therefore, submits that the respondent has no tenancy right after expiry of 11 months as per the rent agreement. He further submits that the respondent has not produced any evidence worth the name to show that the tenancy right substitutes and after expiry of rent agreement. He, therefore, submits that the appeal requires consideration.