VAJUBHAI RAMSANGBHAI RAJPUT Vs. NATHABHAI KABABHAI KACHHADIYA

JUDGEMENT

(1.) Heard the learned advocates.

(2.) This Appeal under Section 100 CPC has been preferred by the defendant in Regular Civil Suit No. 304 of 2005 against the judgment and order dated 4th August, 2006 passed by the Presiding Officer, Fast Track Court, Gondal in Regular Civil Appeal No. 9 of 2007.

(3.) The respondent-plaintiff instituted the above referred Regular Civil Suit No. 304 of 2005 in the Court of learned Civil Judge [SD], Gondal for removal of encroachment and recovery of possession of the suit house. According to the plaintiff, the plaintiff is the owner of House No. 154, situated at village-Charakhdi, Taluka-Gondal. In the year 2002, the defendant was allowed to use part of the suit house for a short time for marriage of his son. However, after marriage, the defendant did not hand over possession, instead, he encroached upon the rest of the suit house and sold away the groundnuts and the fodder stored in the suit house. The suit was contested by the defendant by written statement Exh.9. According to the defendant, the suit was barred by delay and laches; that he was tenant in part of the suit house and before some six or seven years, he had purchased the suit house for a sum of Rs. 80,000/=.