PERSHOTTAMBHAI VALJIBHAI VANIA Vs. JABBARKHAN SULEKHAN

JUDGEMENT

(1.) Both the appeals being interconnected with each other and in respect of the same premises, they are heard together with the consent of the learned Advocates for the parties.

(2.) The First Appeal No.4758 of 2007 was filed by the appellant Pershotambhai Valjibhai Vania, challenging the separate judgement and decree dated 27.8.2007 passed by the Judge, City Civil Court No.9, Ahmedabad (hereinafter referred to as "the trial Court") in Civil Suit No.3408 of 2002 and the First Appeal No.4759 of 2007 was filed by the same appellant, challenging the judgement and decree dated 27.8.2007 passed by the same Court in Civil Suit No.3633 of 2002. During the pendency of the appeals, the original appellant having expired, his heirs were permitted to be brought on record. Similarly, the respondent No.1 Jabbarkhan Sulekhan in First Appeal No.4758 of 2007 having expired during the pendency of the appeal and no cause of action having survived against him, he was also permitted to be deleted from the cause-title of the First Appeal No.4758 of 2007.

(3.) For the sake of convenience, the facts of First Appeal No.4759 of 2007 are considered.