JIVUBA KESHUBHA Vs. SHASHIKANT GOVINDJI TRIVEDI

JUDGEMENT

(1.) There has to be a limit to everything, more so to the dishonesty. In this matter, dishonesty is overflowing from every word of it.

(2.) This Civil Revision Application is filed by the heirs and legal representatives of deceased Keshubha Samatsinh being aggrieved of the judgment and decree passed in Regular Civil Appeal No.1 of 1995 by the learned District Judge, Surendranagar dated 14.02.2005.

(3.) The learned District Judge was hearing the appeal on the matter being remanded by order dated 10.07.1998 in Civil Revision Application No.862 of 1997. Before considering the judgment impugned in this Civil Revision Application, few facts are necessary. The present respondents poor, unfortunate landlords filed Civil Suit No.2 of 1981 long 24 years before praying for decree of eviction on the ground of non payment of rent. Mr.Raval, the learned advocate appearing for the petitioners, who has the onerous duty of advancing the cause of dishonesty, made available a copy of the plaint of the said Civil Suit No.2 of 1981, which is taken on record. The plaint shows that the suit was filed against the widow of deceased, Keshubha Samatsinh, who died in the year 1976 (14.12.1976) as defendant No.2. Defendant no.2 was the son of deceased Keshubha, who was major on the date of filing of the suit. Defendant no.3 was Manubha Keshubha, another son of the deceased tenant, who was major on the date of filing of the suit. There were three other defendants who were minors and they were represented by mother-natural guardian of the minors.