TRIBHOVANDAS KHUSALDAS Vs. MULCHANDBHAI DAMODARDAS

JUDGEMENT

(1.) The plaintiffs filed the present suit against the defendant for recovering possession of the suit premises on the ground that they reasonably and bona fide require them for the immediate purpose of demolition and that such demolition is to be made for the purpose of erecting a new building. The defendant in his turn contended that the suit was barred by res judicata.

(2.) The learned Trial Judge negatived the defendants contention that the suit was barred by res judicata. On merits he held that the suit premises are required by the plaintiffs reasonably and bona file for the immediate purpose of demolition. However he recorded the conclusion that the plaintiffs did not want to demolish it for the purpose of erecting a new building. In view of his last mentioned finding he dismissed the suit.

(3.) The plaintiffs appealed against that decree to the District Court. The learned Appellate Judge confirmed the findings recorded by the learned Trial Judge and dismissed the appeal.