Gujarat High Court
Surdas Dilsukhbhai Girdharlal Sodha vs Dilipbhai Narotambhai Gondhiya & 7 on 11 August, 2015
Author: Akil Kureshi
Bench: Akil Kureshi
C/SA/6/2015 ORDER
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
SECOND APPEAL NO. 6 of 2015
With
CIVIL APPLICATION NO. 455 of 2015
In
SECOND APPEAL NO. 6 of 2015
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SURDAS DILSUKHBHAI GIRDHARLAL SODHA....Appellant(s)
Versus
DILIPBHAI NAROTAMBHAI GONDHIYA & 7....Respondent(s)
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Appearance:
HCLS COMMITTEE, ADVOCATE for the Appellant(s) No. 1
MR P B KHAMBHOLJA, ADVOCATE for the Appellant(s) No. 1
UNSERVED-REFUSED (N) for the Respondent(s) No. 1 - 3 , 4.1 , 5 , 6.1 , 7 - 8
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CORAM: HONOURABLE MR.JUSTICE AKIL KURESHI
Date : 11/08/2015
ORAL ORDER
1. This Second Appeal is filed by the Original Plaintiff. He filed Regular Civil Suit No. 107 of 2001 asserting his tenancy rights in the suit premises and prayed for protection against his dispossession. According to the Plaintiff he was selling kulfi from a small stall in a cinema theater of the ownership of the Defendants. The trial court found no evidence of any such tenancy relation between the Plaintiff and the Defendants. The lower appellate court also confirmed such judgment and decree. Page 1 of 2 HC-NIC Page 1 of 2 Created On Thu Aug 13 01:44:29 IST 2015 C/SA/6/2015 ORDER
2. Having heard learned Counsel for the Appellant, I see no reason to interfere. Two courts have concurrently found insufficient evidence to show that the Plaintiff was allowed to sell the kulfi from the said premises for which the owners had collected rent from him.
3. No substantial question of law arise. Second Appeal along with Civil Application is therefore dismissed.
(AKIL KURESHI, J.) JNW Page 2 of 2 HC-NIC Page 2 of 2 Created On Thu Aug 13 01:44:29 IST 2015