PUJ KHENGAR NYALCHAND Vs. THACKER SHANKERLAL NARANJI

JUDGEMENT

(1.) . By this appeal, the appellants have challenged the judgment and decree passed by the learned Extra Assistant Judge of Kutch at Bhuj, in Regular Civil Appeal No. 128 of 1975, by invoking the aids of the provisions of Sec. 100 of the Code of Civil Procedure, 1908, ('Code' for short hereinafter).

(2.) . A short, but very substantial and significant, following question of law which has surfaced in this appeal is with regard to the right to recover possession in respect of mortgaged property in which appellants' claim tenancy rights.

(3.) . The appellants are the original defendants Nos. 1 to 9 and respondents Nos. 1 and 2 are the original plaintiffs and respondents Nos. 3 to 7 are the original defendants Nos. 10 to 14. They are hereinafter referred to as the 'plaintiffs' and the 'defendants' for the sake of convenience and brevity.