SAJANBAI SUWALAL BAFNA Vs. BANK OF BARODA

JUDGEMENT

(1.) Present appeal has been filed by the original plaintiff challenging the Judgment and Decree passed by learned District Judge-4, Dhule in Civil Appeal No.172/2012 on 24.04.2015, whereby the appeal filed by the present respondent came to be allowed and the Judgment and Decree passed by learned Civil Judge Senior Division, Dhule in Special Civil Suit No.83/1999 on 25.06.2009 was set aside. The Special Civil Suit was then dismissed.

(2.) The present appellant-original plaintiff had filed Special Civil Suit No.83/1999 for recovery of unpaid rent and damages along with interest from tenanted bank-defendant. The said suit was decreed and the defendant-bank was directed to pay sum of Rs.2,88,099.75 ps. together with interest @ 6% per annum from the date of the suit till realization of the decreetal amount. As aforesaid, the First Appellate Court reversed the decree.

(3.) Heard learned Advocate Mr. S.P. Shah for the appellant and learned Advocate Mr. P.N. Kalani for the sole respondent.