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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
J. C. DOSHI
Sumra Sakinbhai Yakub – Appellant
Versus
Laghay Alimamad Umar – Respondent
ORDER :
J. C. DOSHI, J.
1. This Second Appeal under section 100 of the CIVIL PROCEDURE CODE , 1908 (for short “CPC”) challenges judgment and decree passed by learned Appellate Court, Bhuj, Kachchh in Regular Civil Appeal No.44 of 2009, whereby, learned Appellate Court allowed the appeal filed by original defendant and quashed and set aside judgment and decree delivered in Regular Civil Suit No.255 of 2004 by learned Principal Senior Civil Judge, Bhuj, by which learned Trial Court has allowed the suit of the plaintiff and declared that plaintiff is tenant of disputed property and defendant is forever not entitled to lease or rent suit premises to any other person except plaintiff and further defendant was directed to continue plaintiff as legal tenant.
2. For convenience, the parties are referred to their original status i.e. plaintiff and defendant.
3. Facts of the case are as under :-
3.1. Plaintiff has filed Regular Civil Suit No.255 of 2004 before the learned Principal Senior Civil Judge, Bhuj seeking declaration and permanent injunction on the ground that he is tenant of house no.7/5/102 on the Final Plot No.268, Survey No.1850 City Bhuj (“suit property”) since 1982. Right of the
A tenant inducted by a mortgagee loses tenancy rights upon mortgage redemption, absent a direct contract with the mortgagor.
GPA and similar documents do not confer title to immovable property; legal heirs of the original allottee are entitled to possession.
(1) Redemption of usufructuary mortgage – Defective counter claim of defendant would not take away statutory right to redeem usufructuary mortgage.(2) First appeal can be filed against decree and not....
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.
A second appeal under CPC does not warrant interference when no substantial question of law arises, affirming the necessity of establishing ownership before claiming possession.
The requirement of substantial questions of law and the impact of new tenancy acts on ongoing proceedings must be carefully considered by the court.
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