CHAGAN BHAI PATEL Vs. LILABAI

JUDGEMENT

(1.) This is a second appeal by original defendant No. 1. The parties shall hereinafter be referred to as plaintiffs and defendants.

(2.) The facts giving rise to the appeal are as follows:

(3.) Defendant No. 1 resisted the suit by filing a written statement. The defendant denied that the plaintiffs are the tenants in the suit premises. According to the defendant, the plaintiffs have surrendered the possession and tenancy and the work of demolition of the premises and construction was started thereafter. The defendant denies that there was an agreement of sale between the plaintiffs and defendant No. 2. It is contended that the house was dismantled only after it was found that the persons in occupation had left the premises. Defendant No. 2 has raised an identical plea.