CHIMANLAL NARSIBHAI PATEL Vs. AMRATLAL CHHOTALAL SHAH

JUDGEMENT

(1.) Both these appeals arise out of the suits filed by the appellant Chimanlal Narsibhai Patel against the respondents for the recovery of different amounts of compensation for the use of the suit premises as tenants. The suits were filed in City Civil Court Ahmedabad where they were registered as Civil Suits Nos. 448 and 449 of 1963. The said court has finally decreed both the suits but has rejected the plaintiffs claim for compensation for the period from 14th December 1957 to 30th April 1959 and therefore the plaintiffs claim only for this period remains to be considered in these appeals. Before the lower court there was a dispute between the parties as regards the rate of compensation but that dispute now does not survive as during the course of these appeals Shri Patel the learned advocate of the plaintiff has accepted the lower courts finding as regard the rate of compensation.

(2.) Following are the brief facts which explain the background of the dispute between the parties.

(3.) The property in question bears Municipal Census No. 84 to 84/4. This property originally belonged to one Kasturbhai Balabhai who had mortgaged it with one Vallabhdas Fulchand. The mortgagee then filed Civil Suit No. 229/52 against the mortgagor to recover the mortgage money by sale of the mortgaged property. That suit was decreed and thereafter the mortgagee executed that decree by filing Darkhast No. 67/54 for the recovery of the decretal amount and interest by the sal of mortgaged property. The appellant of both these appeals who is hereafter referred to as the plaintiff was the highest bidder in the Court auction in those execution proceedings with the result that the sale of the suit property in his favour was knocked down on 14th December 1957 This sale was however made absolute under 0.21 R.92 C.P.C. as late as 30th April 1959 and a sale certificate contemplated by 0. 21 R. 94 C.P.C. was issued in his favour a few months thereafter i.e. on 15th September 1959.