PRANJIVAN RUGHNATH PAREKH Vs. AMBAVIDAS PRANJIVAN PAREKH

JUDGEMENT

(1.) THE present Second Appeal has been preferred by the appellant - original plaintiff challenging the judgement and decree passed by the learned Joint Civil Judge (J. D.), Rajkot passed in Regular Civil Suit No. 811 of 1978 confirmed by the learned Joint District Judge, Rajkot vide judgement and order dated 31st March,1983 in Regular Civil Appeal No. 385 of 1980.

(2.) WHILE admitting the present Second Appeal, the following substantial question of law was formulated by the learned Single Judge:

(3.) AT the outset, it is required to be noted that the original plaintiff and the defendant are father and son. Original defendant-son was in possession of the suit shop and it was contention on behalf of the original plaintiff - father that shop in question was permitted to be used by the defendant-son by love and affection and it was a HUF property. Therefore, father filed suit against the son in the year 1978 for recovering possession of the suit shop and for permanent injunction restraining the defendant from entering into the suit premises and for other consequential reliefs. The learned Trial Court dismissed the said suit, against which, original plaintiff had preferred Regular Civil Appeal No. 385 of 1980 before the learned Joint District Court, Rajkot and learned Joint District Court, Rajkot vide judgement and order dated 31st March,1983 has dismissed the said appeal, against which, the present Second Appeal is preferred by the original plaintiff.