1 Present appeal is filed under Section 96 of the Code
of Civil Procedure challenging the judgment and
decree passed in Civil Suit No.580 of 2016 dated
25.07.2025, whereby the learned Court has decreed
the suit filed by the present respondent for
possession, declaration and mesne profit.
Factual Matrix:
2 The case of the appellant before the learned trial
Court is that the plaintiff is a company registered
under the Companies Act, and one Uttaraben Shah is
its Managing Director. The plaintiff owns various
properties situated in Ginning Ward No.14,
comprising offices and shops collectively known as
NEUTRAL CITATION
C/FA/403/2026 JUDGMENT DATED: 06/04/2026
undefined
“Taliya Mill Compound.” The dispute pertains to
Godown No.38 bearing Municipal Cess No.222 and
Survey No.211/2/25, wherein the defendant (original
defendant) is a tenant. The said premises was let out
on 01.05.2005 for the purpose of cloth business and
pressing work, at a monthly rent of Rs.2,989/- along
with liability towards municipal taxes, electricity
charges, education tax and other statutory levies.