HASMUKHBHAI KANTIBHAI BHARVAD Vs. CHANDUJI GABHAJI THAKOR

JUDGEMENT

(1.) This second appeal under section 100 of the C.P.C is at the instance of the original plaintiff, questioning the legality and validity of the judgment and order dated 16th January, 2018 passed by the 8th Addl. Sessions Judge, Ahmedabad (Rural), Mirzapur in the Regular Civil Appeal No.2 of 2015 arising from the judgment, order and decree dated 9th January, 2015 passed by the Principal Civil Judge, Ahmedabad (Rural) in the Regular Civil Suit No.823 of 2006.

(2.) The suit filed by the plaintiff for injunction simplicitor came to be dismissed by the Trial Court, and the Regular Civil Appeal filed in the District Court against the said judgment and order also came to be dismissed. The proposed substantial questions of law as framed in this second appeal are extracted hereunder;

(3.) The case of the appellant-original plaintiff is that he is the lawful owner of a property bearing Survey No.698/1, situated at village Sola, Ahmedabad. This suit property was of the coPage ownership of the defendant. The defendant had 50% of share in the suit property and that 50% of his share in the suit property came to be transferred in favour of the appellant by way of an agreement to sale dated 8th October, 2005. It is also the case of the appellant that, at the relevant point of time, one power of attorney was also executed by the defendant and the entire amount of sale consideration was also paid to the defendant. The appellant-plaintiff had to file the regular civil suit, referred to above, with a prayer for injunction simplicitor as the defendant tried to transfer the suit property in favour of some other person. In such circumstances, in the plaint, the following relief was prayed;