BARIA FATEHSINH LALLUBHAI Vs. MACHHI RAMESHBHAI DAHYABHAI

JUDGEMENT

(1.) The present petition is filed challenging the judgment and order dtd. 18/7/2022 passed in Regular Civil Suit No.22 of 2021 by the Additional Civil Judge, Rajpipla and the order passed by the Principal District Judge, Narmada dtd. 26/12/2022 in Miscellaneous Civil Appeal No.14 of 2022.

(2.) The brief facts leading to filing of this petition are as under:

(3.) Heard learned advocate Mr.Kalrav Patel for the petitioner. He submitted that both the lower Courts have erred in finding that the present petition has no case on merits. On the contrary, the petitioner has produced the receipt as well as affidavits in support of his say that he is in continuous possession since last 30 years. He has further submitted that the respondent no.4 is son of the owner of the suit land i.e. Govindbhai Dhanabhai and he never objected the peaceful possession and cultivation of the suit land by the plaintiff for years together. He has further submitted that on 1/2/2021 all the respondents unitedly rushed upon the suit land to threaten the petitioner. That the suit land is running in the name of the respondent no.4 in the revenue record and therefore the petitioner has to file suit but the petitioner is cultivating it since last 30 years and that aspect is not properly considered by the learned trial Court. He has further submitted that the factor of balance of convenience and hardship is required to be considered in the facts and circumstances of the case in favour of the present petitioner as the petitioner is having continuous possession for more than 30 years. Learned advocate has therefore prayed that as both the Courts below have not properly considered the aspects of prima facie balance of convenience and irreparable loss by not properly discussing the evidence available on the record, this Court should exercise the supervisory power under Article 227 of the Constitution of India and allow this petition.