NEW ASARWA MFG COMPANY LIMITED Vs. JETHA PARMA

JUDGEMENT

(1.) This appeal arises out of the judgment and decree of the learned Judge City Civil Court Ahmedabad dismissing the suit for want of jurisdiction.

(2.) The present appellant New Asarwa Manufacturing Company Limited filed a suit against the present respondent Jetha Parma for obtaining possession of the agricultural land described in plaint para 2 bearing survey number 391 and 392 situated in the sim of Asarwa at Ahmedabad The plaintiff pleaded that the land was situated within the municipal limits and as it was required for N. A. purpose it was not governed by the provisions of the Tenancy Act and therefore prayed for a decree for possession The defendant by his written statement took up a plea that he was a protected tenant and therefore the civil court had no jurisdiction to grant any relief to the plaintiff company. From the pleadings the learned Judge framed four issues of which issue No. 1 was as under :-

(3.) Mr. I. M. Nanavaty learned Advocate for the appellant urged that the learned Judge evidently had relied on the ruling of the Supreme Court in the case of Sakharam alias Bapu Saheb Narayan Sanas and another v. Manikchand Motichand Shah and others A.I.R. 1963 Supreme Court 354 wherein it was observed that.....