RAMESHCHANDRA MOHANLAL GOSWAMI Vs. GIRDHARLAL HARIRAM JANI

JUDGEMENT

(1.) The captioned civil revision application, has been filed praying for quashing and setting aside the judgment and decree dtd. 16/8/2010 by the learned Additional District Judge and Presiding Officer, Fast Track Court, Dahod in civil appeal no.34 of 2006. Applicants also pray for quashing and setting aside the judgment and decree dtd. 29/4/2006 passed by the learned civil Judge, Dahod in Regular Civil Suit no.124 of 1998 whereby, the suit filed by the respondent-original plaintiff (hereinafter referred to as "the original plaintiff") came to be allowed and the tenant- Rameshchandra Mohanlal Goswami i.e. husband of the applicant no.1 and father of the applicant no.2 (hereinafter referred to as "the tenant") was directed to hand over the possession of the shop admeasuring 5 x 8, situated on plot no.33 (hereinafter referred to as "the shop in question").

(2.) The facts, culled out from the captioned proceeding, are thus:

(3.) Mr K. V. Shelat, learned advocate appearing for the applicants, submitted that the court of first instance, has passed the decree on the premise that the provisions of clause (a) of sub-sec. (3) of Sec. 12 would apply and therefore, in the captioned proceeding, the issue is whether provisions of clause (a) of sub-sec. (3) of Sec. 12 or clause (b) of sub-sec. (3) of Sec. 12 of the Act of 1947 would apply?