VESTABHAI KESHRAHAI CHARELS HEIRS Vs. BAI JAMKUDI

JUDGEMENT

(1.) This appeal is filed by the original plaintiffs and is directed against the concurrent findings of both the Courts below.

(2.) The plaintiffs had filed Regular Civil Suit No. 28 of 1980 in the Court of Civil Judge (Junior Division) Santarampur, District : Panchmahal for declaration and permanent injunction against one of the branches of their forefathers, which the trial Court disbelieved and dismissed the suit vide judgment and decree dated 07.02.1992. This was challenged before the District Court in Regular Civil Appeal No. 17 of 1992, which is dismissed by the Assistant Judge, Panchmahals at Godhra vide judgment and decree dated 19.12.2000.

(3.) Mr. Dhiraj Patel, learned advocate for the appellants has vehemently submitted that the Courts below fell in error in rejecting the claim of the appellants qua ownership, so also qua possession. It is submitted that both the Courts below arrived at the conclusion, which is inconsistent with the material on record. Attention of this Court is invited to the order dated 27.04.2004 to contend that substantial question of law has arisen in this matter and the same be answered in favour of the appellants. It is submitted that the impugned judgment and decree be quashed and set aside and the suit be allowed.