KANJI PREMJI PINDORIYA Vs. SHREE JINA HARJI SENGHANI

JUDGEMENT

(1.) The present Second Appeal has been filed under Sec. 100 of the Code of Civil Procedure, 1908 (' the CPC ', for short) aggrieved by the judgment and order passed by the Principal District Judge, Kachchh at Bhuj dtd. 19/1/2017 in Regular Civil Appeal No.80 of 2009 whereby the appeal filed by the original defendant succeeded and judgment and order dtd. 3/1/2009 passed by Principal Senior Civil Judge, Bhuj-Kachchh in Regular Civil Suit No.50 of 1996 was quashed and set aside.

(2.) The present appellants are original plaintiffs and the respondents herein are the original defendants. The parties herein are referred to as per their original status before the trial Court, for the sake of convenience.

(3.) Learned advocate for the plaintiff has mainly contended that the trial Court had allowed the said suit and decreed the suit for rejection of mortgage and possession was directed to be handed over to plaintiff. It is the case of the plaintiff that the appellate Court allowed the appeal filed by the defendant mainly on the ground that trial Court has relied upon document produced at Exh.196, which is re-conveyance document though the said document is not registered document but the plaintiff has established that the suit property was mortgaged. It is also submitted that the appellate Court has also come to the conclusion that plaintiff has not been able to prove that the plaintiff trust is the owner of the suit property.