RABARI GOVINDBHAI PRABHATBHAI Vs. NATVARLAL KHODIDAS SHAH

JUDGEMENT

(1.) The present Second Appeal is preferred under Sec. 100 of the C.P.C. by the present appellants - original defendants challenging the impugned order dtd. 11/3/1988 passed below Exh.15 application in Regular nd Civil Appeal No.190 of 1984 by the learned 2 Joint District Judge, Ahmedabad (Rural) at Narol by confirming the judgment and decree passed by the learned Joint Civil Judge, Dholka in Regular Civil Suit No.239 of 1979, whereby the trial court has decreed the suit for possession of agricultural land from the defendants.

(2.) Brief facts of the case are as such that the plaintiffs are the trustees and Vahivatdar of Dholka Khoda Dhor Panjarapole Trust, which is registered under Bombay Public Trust Act, having its number 429. The said trust is the owner of agricultural lands including S.No.1680/1 and 1680/2 admeasuring A-2-13 gs. ench respectively. The plaintiff-Trust has come out with a case that they have obtained certificate under sec.88-B of Bombay Tenancy and Agricultural Lands Act. On that basis, the notice was served to the occupants of the above survey numbers, who are yearly tenants of the said lands, and sought possession of the rate of Rs.40.00 p.a. The suit notice was served on 23/12/1977 for terminating the tenancy, which was replied by the defendants. The plaintiff has, therefore, filed the present suit to recover possession and arrears of rent, which came to be rejected by the trial court. Subsequently, the lower appellate court has also confirmed the order of trial court. Hence, the present petition has been preferred.

(3.) Heard Mr. Satyam Y. Chhaya, learned advocate for the appellants and Mr. K.J. Vyas, learned advocate for the respondent Nos.1 to 3 and 5.