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2012 Supreme(Guj) 821

C.L.SONI
Natwarlal Mohanlal Chauhan – Appellant
Versus
Babulal Mohanlal Hasoti – Respondent


Advocates Appeared:
For the Appellant :Mr. S.S. Belsare, Advocate
For the Respondent:Mr. B.R. Patel, Advocate

JUDGMENT :

C.L. Soni, J.

This appeal under Section 100 of the Civil Procedure Code is preferred by the appellant-original plaintiff against the judgment and order dated 09.09.1992 passed by the learned Assistant Judge, Bharuch in Regular Civil Appeal No.115 of 1989 whereby learned Appellate Judge has dismissed the appeal and confirmed the judgment and decree passed by the learned trial Judge in Regular Civil Suit No.150 of 1987.

2. The appellant had filed the aforesaid suit against the respondents for the recovery of the possession of the suit property. It was the case of the appellant in the suit that father of the appellant was tenant of the suit property, that he died in the year 1974 and the appellant became the tenant of the suit property, that along with the appellant, his brother and wife of his brother both were also residing in the suit property, but after the death of the father of the appellant, the wife of the elder brother of the appellant, who was defendant No.2 purchased the suit property, but neither the original owner nor the defendant No.2 informed the appellant about such purchase. However, the appellant, his elder brother and wife of his elder brother all continued

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