DOSHI KANTILAL KANAIYALAL Vs. MODIYA CHANDULAL CHHOTALAL RANCHHODDAS

JUDGEMENT

(1.) At the outset of the hearing of the matter, Mr. V. J. Desai, appearing for the petitioners (judgment debtors Nos. 1 and 2). stated that no second appeal lay and only revision lay, as decided by a Division Bench of this court in Gandhi Gopaldas Gordhandas v. Bai Lalitabi Marghabhi. 12 Guj LR 492 = ( AIR 1971 Guj 270) and, therefore, request that leave the granted to covert this covert this second appeal into a Civil Revision Application and the request has been granted. The appellant will, therefore, be referred to as 'the petitioners" and the respondents will be referred to as "the petitioners" hereafter.

(2.) The facts leading rise to this revision petition briefly stated are as under:

(3.) Opponent NO. 1 filed Civil Suit No. 268 of 1969 against the present petitioners for recovery of arrears of rent to the extent of Rs. 642/-. Agreed amount of rent was Rs. 22/- per month. Opponent No. 2 was joined as a party in that suit on the basis that he was a surety. In that suit, possession in of the leased property was sought from the tenants. on the ground non-payment of rent. IN that suit, parties entered into a compromise and consent decree came to be passed on the basis of that compromise, by the leaned Civil Judge Junior Division, Dohad on 24-12-1968. According to the decree-holder (opponent NO. 1) certain concretion was made in favour of the judgment-debtors. Conditions of concession having not been complied with, the decree-holder had become entailed to execute the decree for possession and eventually sought for possession by executing the decree for possession, passed in the aforesaid suit.