AMRTILAL RAMANLAL Vs. PATEL KALIDAS MOTIBHAI

JUDGEMENT

(1.) THE appellant herein -original plaintiff instituted Regular Civil Suit No.1468 of 1975 for recovery of possession and Rs.2185/ - towards mesne profits, contending inter alia that the defendant was only a licencee in the suit property, and was liable to vacate the same. Learned Jt. Civil Judge (S.D.) Vadodara, by his judgment and decree dated 28th February, 1983, dismissed the plaintiff's suit for possession, however, passed decree for recovery of Rs.2185/ -. Against the said judgment and decree, the original defendant preferred Civil Appeal No.235 of 1983, which was allowed by learned District Judge, Vadodara by his judgment and order dated 13th January, 1992, dismissing the entire suit of the plaintiff and setting aside the decree passed by the Trial Court. It farther directed that if the defendant had deposited any amount and the plaintiff had withdrawn it, the same may be redeposited by the plaintiff and the defendant was allowed to withdraw the same. The cross objections filed by the respondent -original plaintiff were dismissed.

(2.) THIS appeal was admitted by this Court on the following substantial question of law, which falls for consideration and determination.

(3.) BEFORE proceeding to advert to the above substantial question of law, the relevant facts involved in the case and basic to the controversy may be noted.