RAMBHABEN, WD/O BHAICHAND KALYANJI Vs. MULKUNVERBA KANJI

JUDGEMENT

(1.) This Appeal preferred under Section 100 CPC by the heirs and legal representatives of the plaintiff in Regular Civil Suit No.266/1979 arises from the judgment and order dated 14th August, 1986 passed by the learned Assistant Judge, Morbi in Civil Appeal No.19/1984.

(2.) The Appeal is admitted on the following substantial question of law :-

(3.) The above referred Regular Civil Suit No.266/1979 was instituted by the late Shri Bhaichand Kalyanji, the predecessor of the appellants, in the Court of Civil Judge (S.D.), Morbi for removal of encroachment and for recovery of possession of the suit premises. According to the plaintiff, he was the owner of the residential house named Mehta Bhuvan situated at Morbi. One of the rooms of the suit house (store room) was leased to the defendant no.1 retaining the possession of the rest of the house (hereinafter referred to as, "the suit premises") with the plaintiff. In absence of the plaintiff, the defendant no.1 the tenant, her daughter the defendant no.2 and her relative the defendant no.3 trespassed into the rest of the house. Therefore, the suit.