Gujarat High Court
Pushpaben @Bebiben Manishbhai Parmar vs Chanchalben Hiralal Vyas on 20 November, 2025
NEUTRAL CITATION
C/FA/3950/2025 JUDGMENT DATED: 20/11/2025
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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/FIRST APPEAL NO. 3950 of 2025
With
CIVIL APPLICATION (FOR STAY) NO. 1 of 2025
In R/FIRST APPEAL NO. 3950 of 2025
FOR APPROVAL AND SIGNATURE:
HONOURABLE MRS. JUSTICE M. K. THAKKER
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Approved for Reporting Yes No
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PUSHPABEN @BEBIBEN MANISHBHAI PARMAR
Versus
CHANCHALBEN HIRALAL VYAS & ORS.
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Appearance:
P M BUCH(7383) for the Appellant(s) No. 1
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CORAM:HONOURABLE MRS. JUSTICE M. K. THAKKER
Date : 20/11/2025
ORAL JUDGMENT
1. This appeal is filed challenging the judgment and award passed by the Learned City Civil Court (Commercial Court), Ahmedabad, dated 05.05.2025 in Civil Suit No.1505 of 2007, whereby the suit filed by the present appellant - plaintiff came to be dismissed claiming the permanent injunction against the defendant - original owner of the property. The father of the plaintiff, namely, Ambaram Becharda was the tenant of the suit property, who died 29.01.1984, leaving behind two sons and one Page 1 of 4 Uploaded by Vikramsinh Amarsinh(HCW0055) on Tue Nov 25 2025 Downloaded on : Tue Nov 25 21:28:50 IST 2025 NEUTRAL CITATION C/FA/3950/2025 JUDGMENT DATED: 20/11/2025 undefined daughter, i.e., present appellant. The marriage of the plaintiff was solemnized in the year 1996; she was staying her the in-laws at Nanji Master-ni-Chali, Khanpur. Two brothers remained unmarried and died on 19.06.2003 and on 10.01.2007 respectively. The daughter born from the wedlock of the plaintiff in the year 2001, wherein the birth certificate address is mentioned of Nanji Master-ni-Chali, Khanpur. Claiming the right on the suit property being a tenant under Section 5(11)(c) of the Bombay Rent Act, the suit came to be filed for permanent injunction, which came to be dismissed by the learned Court on the ground that the plaintiff has failed to establish legal rights in the suit property, which is subject matter of challenge before this Court.
2. Heard learned advocate Mr. Buch for the appellant
3. Learned advocate Mr. Buch submits that to establish the claim, the present appellant - plaintiff has produced the election card below Exh.87 wherein the name is stated at Serial No.357 and the address is mentioned of the suit property. Learned advocate Buch submits that upon the death of the brother, the plaintiff became the unlawful tenant of the suit property. Page 2 of 4 Uploaded by Vikramsinh Amarsinh(HCW0055) on Tue Nov 25 2025 Downloaded on : Tue Nov 25 21:28:50 IST 2025
NEUTRAL CITATION C/FA/3950/2025 JUDGMENT DATED: 20/11/2025 undefined However, without considering the same, the learned Court had dismissed the suit, and therefore, impugned judgment deserves to be quashed and set aside and the appeal is required to be allowed.
4. Having considered the arguments of learned advocate Mr. Buch for the appellant original plaintiff and on referring to the records including the judgment passed by the learned Civil Court, it emerges that on the death of the father, who is the tenant, the brothers and the plaintiff's sister were staying in the suit property. The plaintiff's marriage was solemnized in the year 1996, and she shifted at her in-laws' house, which is situated at Nanji Master-ni-Chali, Khanpur, Ahmedabad. The brothers were staying in the suit property who also were unmarried and died on date 19.06.2003 and on 10.01.2007 respectively. Except the election card which is produced below Exh.48, which was also before her marriage wherein the address is mentioned of the suit property. No other documentary evidences were placed on record. Additionally, as per the Exh.89, which is the birth certificate issued by the Corporation, the child born out of the wedlock on 06.11.2001, and the address is stated of Nanji Master- Page 3 of 4 Uploaded by Vikramsinh Amarsinh(HCW0055) on Tue Nov 25 2025 Downloaded on : Tue Nov 25 21:28:50 IST 2025
NEUTRAL CITATION C/FA/3950/2025 JUDGMENT DATED: 20/11/2025 undefined ni-Chali, Khanpur. Claiming the right under Section 5(11)(c), which was admittedly after more than six months from the date of the death of the brother, the suit came to be filed. The learned advocate Mr. Buch is unable to point out any error in the judgment passed by the learned Civil Court in dismissing the suit, and in that background, the appeal deserves to be dismissed being devoid of merit.
5. Resultantly, the present appeal is rejected. CIVIL APPLICATION (FOR STAY) NO. 1 of 2025 In view of the order passed in the main matter, the connected civil application does not survive and the same stands disposed of accordingly.
(M. K. THAKKER,J) Vikramsinh Amarsinh Page 4 of 4 Uploaded by Vikramsinh Amarsinh(HCW0055) on Tue Nov 25 2025 Downloaded on : Tue Nov 25 21:28:50 IST 2025