SUBHASHBHAI RASIKLAL MODI Vs. SARLABEN CHIMANLAL VYAS

JUDGEMENT

(1.) PRESENT Second Appeal under Section 100 of the Code of Civil Procedure, 1908 is preferred by the appellant -original plaintiff seeking to challenge judgment and order dated 31st March, 1995 of learned Extra Assistant Judge, Vadodara in Regular Civil Appeal No.277 of 1995. Thereby, the said Civil Regular Appeal of the original defendant came to be allowed, and judgment and decree dated 25th September, 1985 passed by the Trial Court in Regular Civil Suit No.1112 of 1975 came to be set aside.

(2.) ALLOWING aforesaid Regular Civil Suit No.277 of 1995of the appellant herein, Court of learned Civil Judge (J.D.), Padra, at Deputation at Vadodara, held that the defendant was licencee and further directed the defendant to hand over vacant and peaceful possession of the suit property. In the Civil Suit, it was the case of the plaintiff that house property situated in the Shyamal Bechar's Street in Vadodara bearing Survey No.76/1 and Census No.SH -3/575 originally belonged to one Chandaben wd/o. Das Chimanlal Jethalal. Plaintiff stated that the said property was purchased by him by registered sale deed dated 15th June, 1974. Since the defendant happened to be the daughter of the said predecessor -in -title Chandaben, and was staying in the ground floor portion of the property occupying two small rooms situated beyond the open space. It was claimed that the defendant was a licencee occupying the said portion on permissive basis. The plaintiff stated that he was to construct new house and therefore, the entire property was required to be demolished. It was averred that it was agreed between the plaintiff and the defendant that defendant would execute a licence agreement for a period of 10 months, however subsequently she had a change of mind and did not execute the agreement. It was stated that the defendant was not giving overall possession and therefore, the Suit for necessary relief was instituted.

(3.) HEARD learned advocate Mr.I.S. Supaiha for the appellant and learned advocate Mr.Mehul Suresh Shah for the respondent. This Court also perused Record and Proceedings with the help of learned advocates. Record and Proceedings were called for as per order dated 22nd February, 2013 of this Court.