JAHANGIRKHAN MUNAWARKHAN PATHAN Vs. SAIYED MOHMEDSAHEB BADASAHEB BUKHARI

JUDGEMENT

(1.) Considering the facts and circumstances, both the parties have agreed to dispose of this first appeal at such admission stage itself. Therefore, appeal is admitted.

(2.) Heard learned senior counsel Mr. R. S. Sanjanwala with learned advocate Mr. S. P. Majmudar for the appellant and learned advocate Mr. Viral K. Shah for defendant No.4. Considering the facts and circumstances emerging form the record, when there is a need to remand the matter back to the trial Court, rest of the defendants are not much material at this stage.

(3.) The appellant is original defendant No.5 whereas respodent Nos.1 to 5 herein are original plaintiffs. Rest of the respondents Nos. 6 to 9 are original defendant Nos. 1 to 4 in Civil Suit No. 678 of 2015; which is decreed by City Civil Court No. 14 by impugned judgment and order dated 09.04.2015, whereby plaintiff's suit was allowed with a direction to the defendant Nos. 1 to 5 to pay arrears of rent at the rate of Rs. 14,000/ - per month to the plaintiff with running interest at the rate of 9% per annum with further direction to pay municipal tax from 01.06.2003 with 9% interest thereon with further direction to handover the possession of the suit property immediately to the plaintiffs and if possession is not handed over immediately, then defendants have to pay Rs.40,000/ - per month towards mesne profit to the plaintiffs. All these amounts are to be paid jointly and severally by all the defendants. Appellant has challenged such judgment on several grounds wherein his basic defence is to the effect that in fact they are bona fide purchaser of the property and that there are several irregularities committed by the trial Court during trial and decision in the suit.