NATHURJI MOTIJI THAKARADA Vs. CHATURJI THANAJI THAKARADA

JUDGEMENT

(1.) THESE two appeals are filed by original plaintiff of Regular Civil Suit No. 101/1971 and 103/1971, which were heard and decided by the leaned Civil Judge (J.D.) Kalol by judgment and order dated 29th October, 1977. The learned Trial Judge was pleased to allow Regular Civil Suit No. 101/1971 and directed the defendant to deliver the vacant peaceful possession of the suit land bearing Survey No. 1136 admeasuring about 0 gunthas and 27 Acres situated in the village Soja of Kalol taluka to the plaintiff. The learned Judge was also pleased to order the payment of mesne profit from the date of the institution of the suit till delivery of possession of the suit land with 6% interest p.a. The learned Judge was pleased to decree the suit with costs. 1.1. Similarly, Regular Civil Suit No. 103/1971 was also allowed and the defendant was directed to deliver the vacant and peaceful possession of the suit land bearing Survey No. 1134 admeasuring about 0 Acres and 18 gunthas situated in village Soja of Taluka Kalol to the plaintiff. The learned Judge was pleased to order that the defendant shall pay the mesne profits to the plaintiff from the date of institution of the suit till delivery of the possession of the suit land with 6% interest p.a. The learned Judge was pleased to decree the suit with costs. The learned trial Judge had framed the issues which are as under:

(2.) THE defendant being aggrieved by the said judgment and order passed by the learned Trial Judge preferred Regular Civil Appeals No. 151 of 1977 and 152 of 1977 before the First Appellate Court. The learned First Appellate Judge framed issues in paragraph No. 2 which reads as under:

(3.) THE plaintiffs being aggrieved by allowing the appeals has approached this Court by filing the present second appeals.