VAGHELA RAGHUVIRSINH Vs. PRATAPBA WD/O ADESINH DALALBHAI

JUDGEMENT

(1.) THESE two appeals are between the same parties. Substantial questions of law raised in the appeals are also same. Issues raised before the Courts below were also the same.

(2.) THESE appeals are filed under Section 100 of the Code of Civil Procedure by the original plaintiff.

(3.) THE suit was resisted by the defendants denying mortgage of the suit property by the father of the plaintiff to the husband of defendant No.1 and father of defendant Nos.2 to 7. The defendants have come out with a case that the suit property was of their ownership as the suit property is ancestral property. It is further stated by the defendants that the suit property has been in possession of the defendants as owner of the property and there is no question of re-transfer of the property to the plaintiff. It is specifically stated in the written statement that there was no transaction of mortgage ever entered into between the father of the plaintiff and the husband of defendant No.1 and father of defendant Nos.2 to 7. The defendants have also taken alternative plea of adverse possession on the ground that the defendants have been in possession of the suit property without any obstruction or interference from the plaintiff for last more than 12 years.