MANISHKUMAR AMRATLAL SHAH Vs. SURESHBHAI KASTURCHANDRA RUPERA

JUDGEMENT

(1.) The present Second Appeal has been filed by the appellant under section 100 of the Civil Procedure Code being aggrieved with the impugned judgment and order in Regular Civil Appeal No.28 of 2015 by the Additional District Judge, Surendranagar dated 31.03.2016 confirming the judgment and decreed in Regular Civil Suit No.18/2014 passed by the Principal Sr. Civil Judge, Surendranagar dated 06.11.2015 on the grounds stated in the memo of appeal posing substantial questions of law as under:-

(2.) Heard learned advocate, Shri Chandresh Jani for the appellant, learned advocate, Shri Gaurang Bhatt for the respondent no.2 and learned advocate, Shri Y.J. Patel for the respondent no.3.

(3.) Learned advocate, Shri Jani referred to the background of the facts and submitted that both the Courts below have failed to appreciate the material and evidence on record. He also tried to submit that the first Appellate Court has also failed to appreciate that no documentary evidence about the tenancy has been placed on record and the opponent no.1 has also produced any documentary evidence about the ownership of the property and, therefore, the present Second Appeal may be entertained.