MAHMESIDIK ABDULABHAI MULLA Vs. HUSAINBHAI ABDULREHMAN NALWALA

JUDGEMENT

(1.) This Second Appeal is filed under section 100 of the Civil Procedure Code challenging the judgment and decree passed by the learned District Judge in Regular Civil Appeal No.477 of 1970 preferred against the judgment and decree passed by the learned 2nd Joint Civil Judge (J.D.), Baroda in Regular Civil Suit No.108 of 1965 dismissing the said suit.

(2.) This Second Appeal was admitted by this Court on 12th October, 1978 and following substantial question of law was formulated for the consideration and determination of this Court:- Whether in the facts and circumstances of the case, Chandbibi who executed the deed of settlement in 1936 in favour of the plaintiffs and who died in 1959 can be said to have perfected her title by adverse possession particularly in view of the fact that her husband died in 1902?

(3.) Originally, this Second Appeal was filed by the appellant through his advocate late Shri Jivanlal G. Shah.