FARUKH GAFAR MEMON Vs. JAYANTIBHAI CHIMANBHAI PATEL

JUDGEMENT

(1.) By way of this appeal, the appellants have challenged the judgment and order dated 17th March, 2008 passed by the learned 2nd Additional Senior Judge, Surat below Exhibit 5 rejecting the claim of the appellants.

(2.) Brief facts giving rise to this appeal are as under :-

(3.) It is the case of the appellants that the original owners i.e. Hasammiya Ajammiya and others entered into an agreement with Javerbhai Narottambhai Patel whereby Agreement to sell was made in favour of Javerbhai Narottambhai Patel and others on 20-12-1988, who in turn gave General Power of Attorney to one Mr. Manjibhai Popatbhai. A possession receipt was given to the power of attorney holder Mr. Manjibhai Popatbhai by Javerbhai N. Patel and others. On the basis of being a power of attorney holder, Manjibhai Popatbhai entered into an Agreement to Sell with the present appellants in 1993 and respondent No.2 herein, i.e. Manjibhai Popatbhai Patel has given possession receipt to the present appellants in 1993. Thereafter, the present appellants have carried out construction upon the said land and at present, all the appellants are residing at the respective addresses on the said plot.