LALABHAI DAHYABHAI PARMAR Vs. AJAY BHALCHANDRA TAMBWEKAR

JUDGEMENT

(1.) THIS appeal is filed by the original defendant against whom the respondent ­ original plaintiff filed Civil Suit No.103 of 1975 seeking declaration that the defendant has no right or title to the suit land and for permanent injunction restraining the defendant from entering upon the suit land, as also for recovery of possession of one room constructed on the suit land by the defendant.

(2.) THE case of the plaintiff in the suit is that the suit land is the ownership and in possession of the plaintiff and the father of defendant was just authorized to work as gardener on the suit land and for that purpose, the room which was made on the suit land was for the purpose of looking after the gardening activity of the suit land. It is further case of the plaintiff that the father of the defendant became incapable in looking after the suit land and, therefore, he resigned as gardener on 2nd February 1974 and at that time, since was working as watchman, he was safeguarding the suit land and was occupying the room which was meant for looking after the gardening activity, the defendant, thus, has no right on the suit land and to continue occupying the room constructed on the suit land.

(3.) ON appreciation of the evidence, the learned Trial Judge found that the Mamlatdar under the provisions of the Tenancy Act held that the father of the defendant was not the tenant of the suit land in Ganot Case No.39 of 1975. The learned Trial Judge further found that the order of the Mamlatdar came to be confirmed by the Deputy Collector and by Gujarat Revenue Tribunal and upto this Court. Therefore, the decision on the issue of tenancy has attained finality.