GIRISHBHAI MALABHAI RATHOD Vs. YATIN JETHALAL PATEL

JUDGEMENT

(1.) Heard Mr. Zubin F. Bharda, learned advocate appearing for the appellant.

(2.) The present Second Appeal has been filed against the judgment and order dtd. 17/11/2018 passed by learned Additional District Judge, Navsari in Regular Civil Appeal No.17 of 2008 whereby the learned Additional District Judge, Navsari was pleased to confirm the judgment and order dtd. 30/4/2008 passed by learned 3rd Additional Civil Judge, Navsari in Regular Civil Suit No.97 of 2003. By the impugned judgment and decree dtd. 30/4/2008, the learned 3rd Additional Civil Judge, Navsari was pleased to decree the suit filed by the respondent-original plaintiff, the Court was pleased to direct the appellant-original defendant to hand over the vacant and peaceful possession of the suit property. The trial court further directed the appellant-original defendant to pay an amount of Rs.350.00 per month as mense profit from August-2003 till the date of handing over the possession to the original plaintiff.

(3.) The suit was filed by the respondent-original plaintiff praying for eviction and to get the possession of the suit property from the defendant. The dispute pertains to residential premises consisting of ground floor and first floor having old Municipal House Nos.1357 and 1357/1 bearing new House Nos.2618 and 2618/1 in Gandhinagar Audhyogik Harijan Kamdar Sahakari Ghar Mandli situated in Gaurishankar Mahollo, Ward No.1, Jalalpore Road, Navsari.