DABGAR ARVINDKUMAR KESHAVLAL Vs. MODH GHANCHI GNYATI SAMAJ

JUDGEMENT

(1.) The petitioners have preferred this Revision Application in view of the fact that no appeal lies against a decree passed under Sec. 6(1) as provided in Sec. 6(3) of the Specific Relief, Act, 1963.

(2.) The petitioners have challenged the judgment and decree passed by the Civil Judge (J.D.), Patan in Regular Civil Suit No. 127 of 1976 on 30-4-1988 dismissing the suit of the petitioners.

(3.) The petitioners filed the suit under Sec. 6 of the Specific Relief Act, 1963 for restoration of the possession of the suit shop with mesne profits from 4th April, 1976 till the restoration of the shop. According to the petitioners they were in possession of the suit property bearing City Tika No. 11/3.166 till 4th April, 1976. During the night of 4th April, 1976, the first wife of the uncle of the petitioner No. 2, Surajben and three others had removed the locks, entered the suit shop and taken away the goods and on 5th April, 1976 the possession of the suit shop was handed over to the respondent Nos. 2 to 4. The suit was, therefore, filed for recovery of the possession from these respondents who were original defendants.