MUKESH KESHAVLAL PATEL Vs. NATWARLAL SAVABHAI PRAJAPATI

JUDGEMENT

(1.) This Civil Revision Application is preferred under Section 115 of the Code of Civil Procedure, 1908 against the order dated 04.03.2016 passed below Exh.48 in Special Civil Suit No.33/2010, which has been consolidated with Regular Civil Suit No.1357/2015 (Old Special Suit No.1164/2011), decided by the learned 2nd Additional Senior Civil Judge, Ahmedabad (Rural), whereby application under Order-VII Rule-11 of the Code of Civil Procedure, 1908 filed by the present petitioners, was rejected by the trial court.

(2.) The brief facts, leading to the filing of the present proceedings are summarized as under:

(3.) Land bearing Block No.178 (Old Survey No.158) of village Jagatpur, Taluka Dascroi, District Ahmedabad admeasuring 12950 sq.mtrs. (15499 sq.yds) (hereinafter referred to as "the subject land") for the sake of brevity) is presently owned by the petitioners herein. Originally, one Kamaluddin Mehmudkhanji was the owner of the land in question. One Trikamlal Vallabhdas and Jenabhai Vallabhdas were the tenants of the subject land under the relevant provisions of the Tenancy Act. The lands were given as new tenure land to the tenants.