JUDGMENT : K.S. Jhaveri, J. This appeal, u/s.100 of the Code of Civil Procedure, 1908, is directed against the judgment and order dated 11.03.1983 passed by the learned Asst. Judge, Rajkot in Civil Appeal No. 313 of 1980, whereby, the said appeal was dismissed and the judgment and decree 05.04.1980 passed by the learned 2nd Jt. Civil Judge, Rajkot in Civil Suit No. 723 of 1975 was confirmed. 2. The respondent original plaintiff filed the suit being Civil Suit No.723/1975 before the Court of learned 2nd Jt. Civil Judge (J.D.), Rajkot praying for a declaration against the appellant, Gujarat Housing Board, original defendant, that he is the legal tenant of the residential quarter bearing No.71 of the colony, known as "Anandnagar Colony", situated in Rajkot City and an injunction to the effect that the appellant Board be permanently restrained from transferring the said residential quarter to some other person. The trial Court, after considering the evidence produced before it, decreed the suit in favour of the respondent, by passing the judgment and decree dated 05.04.1980. 2.1 Against the said decree, the appellant Board preferred an appeal before the District Court, Rajkot. However, the said appeal was rejected by the lower appellate Court. Being aggrieved by the impugned orders, the appellant Board has approached this Court by way of this second appeal. 3. Heard learned counsel for the respective parties and perused the documents on record. After appreciating the evidence on record, the trial Court found the action of the appellant - Board of transferring the quarter in question to a third party as being illegal inasmuch as neither any notice was issued to the respondent - original plaintiff regarding such transfer nor the respondent was heard before effecting such transfer. Therefore, the impugned action of the appellant - Board was found to be violative of the principles of natural justice. Before the Court below, the respondent was able to prove his possession over the disputed quarter by producing cogent documentary as well as oral evidence in support of his case. 4. In view of the above discussion, I am of the considered opinion that both the Courts below were completely justified in passing the impugned orders. I am in complete agreement with the concurrent findings recorded by both the Courts below and hence, find no reasons to interfere in this appeal. 5. In the result, the appeal is dismissed.
4. In view of the above discussion, I am of the considered opinion that both the Courts below were completely justified in passing the impugned orders. I am in complete agreement with the concurrent findings recorded by both the Courts below and hence, find no reasons to interfere in this appeal. 5. In the result, the appeal is dismissed. 5.1 Consequently, the civil application also stands dismissed. Rule is discharged.