LAWS(GJH)-1971-12-3

PATEL NARANBHAI JINABHAI Vs. PATEL GOPALDAS VENIDAS

Decided On December 16, 1971
PATEL NARANBHAI JINABHAI Appellant
V/S
PATEL GOPALDAS VENIDAS Respondents

JUDGEMENT

(1.) This is a revision petition filed by the original plaintiff under Section 115 of the Civil Procedure Code, against the order passed by the learned Civil Judge, Junior Division, Dholka, dated 29th September, 1971, below application, Ex. 170, in Regular Civil Suit No.125 of 1969.

(2.) This revision petition raises many interesting questions.

(3.) The facts giving rise to this revision petition, briefly stated, are as under:-- The petitioner filed Civil Suit No.125 of 1969 against the defendant (opponent) in the Court of the Civil Judge, Junior Division, Dholka. That suit was for obtaining permanent injunction restraining the opponent from interfering with possession and enjoyment of the petitioner in respect of land situate in village Ambaliara, Taluka Dholka, bearing Block No.508, admeasuring 4 acres 8 gunthas. According to the petitioner, that field was agreed to be purchased by him from Shantaben Mohanbhai and Laxmiben Mohanlal. That Banakhat was executed on 28th March, 1969, and the land was agreed to be sold for a sum of Rs.10,50/- out of which, Rs.7,000/- were paid on that date by him and on that very day, actual possession of the suit land was handed-over to him, and since then, it was in his actual possession and enjoyment. Thereafter, he had made improvements therein by spending a sum of Rs.2,400/-. The opponent had an intention to purchase that property and that is why he had started interesting with his possession and enjoyment. During the pendency of the suit, plaint was amended as the sale document came to the executed in respect of the suit land. In that respect, amendment was made by adding para 2-A.