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SANDEEP N. BHATT
Rabari Govindbhai Prabhatbhai – Appellant
Versus
Natvarlal Khodidas Shah – Respondent
ORDER :
1. The present Second Appeal is preferred under Section 100 of the C.P.C. by the present appellants – original defendants challenging the impugned order dated 11.03.1988 passed below Exh.15 application in Regular Civil Appeal No.190 of 1984 by the learned 2nd Joint District Judge, Ahmedabad (Rural) at Narol by confirming the judgment and decree passed by the learned Joint Civil Judge, Dholka in Regular Civil Suit No.239 of 1979, whereby the trial court has decreed the suit for possession of agricultural land from the defendants.
2. Brief facts of the case are as such that the plaintiffs are the trustees and Vahivatdar of Dholka Khoda Dhor Panjarapole Trust, which is registered under Bombay Public Trust Act, having its number 429. The said trust is the owner of agricultural lands including S.No.1680/1 and 1680/2 admeasuring A-2-13 gs. ench respectively. The plaintiff-Trust has come out with a case that they have obtained certificate under sec.88-B of Bombay Tenancy and Agricultural Lands Act. On that basis, the notice was served to the occupants of the above survey numbers, who are yearly tenants of the said lands, and sought possession of the rate of Rs.40/- p.a. The suit no
The main legal point established in the judgment is the validity of the certificate under section 88B of the Tenancy Act and the legality of the quit notice under section 106 of the Transfer of Prope....
A second appeal under Section 100 of the Code of Civil Procedure must involve substantial questions of law, and unregistered tenancy agreements cannot establish non-evictable rights.
Tenancy rights cannot be terminated without due process under the Transfer of Property Act, and eviction must follow legal requirements.
GPA and similar documents do not confer title to immovable property; legal heirs of the original allottee are entitled to possession.
A tenant inducted by a mortgagee loses tenancy rights upon mortgage redemption, absent a direct contract with the mortgagor.
The main legal point established in the judgment is the requirement for a substantial question of law to be involved in a Second Appeal under Section 100 of the Civil Procedure Code, emphasizing the ....
The central legal point established in the judgment is the significance of the exemption certificate under Section 88C of the Maharashtra Tenancy and Agricultural Lands Act, 1948, in determining proc....
The court emphasized the importance of substantial questions of law in appeals under Section 100 of CPC and upheld the lower courts' decisions based on the evidence and material available on the reco....
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