BAROT KASHAJI KANJI Vs. BAROT HANSHAJI KASAJI

JUDGEMENT

(1.) The appellants/original plaintiffs have filed this Second Appeal under Section 100 of the Civil Procedure Code, challenging the order passed by the learned District Judge, Palanpur in Regular Civil Appeal No.12/1977 passed on 10.09.1979, quashing and setting aside the judgment and decree passed by the learned Joint Civil Judge (JD), Palanpur on 11.01.1977 in Regular Civil Suit No.96/66. The learned District Judge has, however, modified the decree passed by the learned Joint Civil Judge (JD), Palanpur, to the extent that the plaintiffs were entitled for recovery for joint possession in respect of the suit fields, except Survey No.284/4, admeasuring 1 Acre, 11 Gunthas, Survey No.292/2, admeasuring 4 Acres, 20 Gunthas and Survey No.293/3, admeasuring 1 Acre, 11 Gunthas, against the defendant no.4 and the heirs of defendant no.3.

(2.) This Second Appeal was admitted and following substantial questions of law were framed by the Court:

(3.) The brief facts giving rise to the present appeal are as under :