SHANKERLAL MOTILAL RAJGOR Vs. EXECUTIVE ENGINEER

JUDGEMENT

(1.) THE appellant original plaintiff has filed this Second Appeal under Section 100 read with Order 42 of the Code of Civil Procedure challenging the order and judgment dated 26. 04. 1991 passed by the learned 3rd Extra Assistant Judge, Mehsana in Regular Civil Appeal No. 41 of 1991 along with the judgment and decree dated 12. 03. 1991 passed by the learned Civil Judge (S. D.), Mehsana in Regular Civil Suit No. 358 of 1990.

(2.) THIS Court admitted the Second Appeal on 12. 07. 1991 and formulated the following substantial questions of law :-

(3.) HEARD Mr. D. C. Dave, learned advocate appearing for the appellant and Mr. Sunil K. Shah, learned advocate appearing for the respondent No. 2 and perused the orders passed by the Courts below. The Court has also gone through the records and proceedings of the case. In support of his submissions, Mr. D. C. Dave, learned advocate appearing for the appellant has raised various contentions before the Court and cited several authorities. The Court has considered at great length all these contentions and the authorities cited by him. Mr. Dave has also made an alternative submission that if the Court is not convinced with the contentions raised by the appellant, the appellant may be granted some reasonable time so as to enable him to vacate the premises after making some alternative arrangement.