PATEL CHUNIBHAI DHANJIBHAI Vs. PATEL VALLABHBHAI AMBALAL

JUDGEMENT

(1.) The plaintiffs who are the landlords filed the present s suit against the defendant for recovery of possession of suit premises. An open piece of land was let out by the plaintiffs to the defendant originally on an annual rent of Rs. 91.00. The plaintiffs alleged four grounds of eviction against the defendant. They were as follows :-

(2.) The learned trial Judge negatived all the grounds of eviction and dismissed the plaintiffs suit. The plaintiffs appealed to the District Court. The District Court granted an amendment to the plaint and a fresh ground for recovery of possession was inserted. The District Court therefore set aside the decree of the trial court and remanded the suit to the trial court for a fresh trial. The new ground of eviction which was inserted in the plaint by amendment alleged that the defendant had constructed a permanent structure on the suit land The learned trial Judge after remand heard the suit upheld the new ground of eviction alleged by the plaintiffs and passed in their favour decree for possession and for recovery of Rs. 180.00.

(3.) The tenant appealed to the District Court. The learned appellate Judge who heard the appeal found no substance in the contention raised by the defendant and therefore dismissed the appeal. The plaintiffs had filed cross objections in the appeal. They related to arrears of rent and the plaintiffs reasonable requirement for putting up a construction on the suit land. The cross objections were also negatived by the learned Appellate Judge and dismissed.