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2014 Supreme(Guj) 59

PARESH UPADHYAY
Pankajbhai Murabhai Dhoria – Appellant
Versus
Shantilal Vallabhdas Jogia – Respondent


Advocates Appeared:
For Appellant/Petitioner/Plaintiff: S.P. Majmudar
For Respondents/Defendant: Mehul S. Shah

JUDGMENT

Paresh Upadhyay, J.

1. Challenge in this Second Appeal is made to the concurrent findings of both the Courts below, and is directed against the judgment and decree passed by the Appellate Court below i.e. the 2nd Additional District Judge, Jamnagar, at Khambhalia in Regular Civil Appeal No. 81 of 2010, dated 20-7-2013, by which the common judgment and decree passed by the trial Court i.e. the Principal Civil Judge, Dwarka, in Regular Civil Suit No. 41 of 2003 and Regular Civil Suit No. 61 of 2002, dated 4-8-2010, is confirmed. The trial Court has, inter alia, directed the present appellant to handover the peaceful and vacant possession of the suit premises to the owner - the present respondents. The relevant facts, as emerging from record, are as under:

1.1. The present respondents are the legal heirs of one Shantilal Vallabhdas Jogia, who was the owner of the suit property, which is a self-contained residential premises in a compound, consisting of two rooms, kitchen, toilet, bathroom, varandah, borewell etc. The said property is situated at Gayatrinagar, Village-Arambhada, Taluka-Dwarka, District-Jamnagar.

1.2. The said owner had, by a written agreement dated 29-7-2002 (Exh.














































































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