SIPOY SULEMAN UMAR Vs. MALEK HUSENKHAN JORAWARKHAN

JUDGEMENT

(1.) The appellant original plaintiff has filed this Second Appeal under Section 100 of the Code of Civil Procedure challenging the judgment and order passed by the learned Joint District Judge, Banaskantha at Palanpur in Regular Civil Appeal No.71 of 1981 confirming the judgment and decree passed by the learned Civil Judge (J.D.), Radhanpur in Regular Civil Suit No.1 of 1978.

(2.) Heard Mr. S. M. Shah, learned advocate appearing for the appellant and Mr. C. H. Vora, learned advocate appearing for the respondents.

(3.) The brief facts giving rise to the present Second Appeal are that the land in question was purchased by the defendant Nos.2 to 7 from Jagirdar by a Regd. Sale Deed in 1949 and since then, the defendants are in possession of the said land. Subsequently, Jagirdar Abolition Act, 1953 came into force with effect from 01.04.1954 and Jagirdari came to an end. According to the plaintiff, the transaction of sale between the defendant No.1 on one hand and defendant Nos.2 to 7 on the other hand, was entered into subsequent to the coming into force of the Jagirdar Abolition Act, while according to the defendants, the same was prior thereto.