CHHAGANBHAI JINABHAI RATHOD Vs. DALABHAI SAKABHAI RATHOD

JUDGEMENT

(1.) This Second Appeal under Section 100 of the Code of Civil Procedure has been preferred by the appellants herein original defendant challenging judgment and order dated 29.09.1984 passed by the learned Civil Judge (J.D.), Navsari in Regular Civil Suit No.19 of 1982 by which learned Trial Court allowed the Suit filed by the defendant herein - original plaintiff, which came to be confirmed by the learned Appellate Court vide judgment and order dated 07.04.1986 passed in Regular Civil Appeal No.59 of 1985.

(2.) Respondent herein original plaintiff instituted Regular Civil Suit No.19 of 1982 in the Court of learned Civil Judge (JD), Navsari for obtaining possession of property bearing Municipal No.153/27/2 on the ground that the said property belongs to the plaintiff and that it had been given to the appellants herein original defendants as licensees and the appellants herein have not vacated the same inspite of the request made by the plaintiff. The original plaintiff is brother-in-law of defendant no.1 and real brother of defendant no.2. According to the plaintiff he had allowed his sister and brother in law to stay in the aforesaid property till the time they got their own house constructed in a plot of land purchased by them. On the other hand the defendants filed Written Statement vide Exh.19 denying contentions of the plaintiffs and stated that they have become owners of the suit property by virtue of adverse possession since last 20 years and that the plaintiff had nothing to do with the said premises. Considering oral and documentary evidence on record, learned Trial Court allowed the suit preferred by the original plaintiff. Being aggrieved and dissatisfied with judgment and order dated dated 29.09.1984 passed by the learned Civil Judge (J.D.), Navsari in Regular Civil Suit No.19 of 1982, the appellants herein original defendants preferred appeal being Regular Civil Appeal No.59 of 1985 before the learned Appellate Court. The learned Appellate Court vide judgment and order dated 07.04.1986 passed in Regular Civil Appeal No.59 of 1985 confirmed the order passed by the learned Trial Court, hence, present appellants original defendants have preferred present Second Appeal.

(3.) Learned Advocate for the appellants herein original defendants submitted that while admitting this Appeal this Court raised following substantial question of law: - Whether in the facts and circumstances of the case, the appellants have failed to prove that they have become owners of the suit premises on the ground of adverse possession?.