VALLABHBHAI KANJIBHAI THAKKAR Vs. TARABEN KANTILAL SHAH

JUDGEMENT

(1.) Admit. Mrs. Sonal D. Vyas appears for Respondent Nos. 5 and 6 in Second Appeal No. 171 of 1995 and for Respondent Nos. 1 and 2 in Second Appeal No. 172 of 1995 and waives service of admission on behalf of respective respondents. The presence of remaining respondents is not needed for the purpose of deciding this Appeal and hence their names are ordered to be deleted. With the consent of the learned Advocates appearing for the parties, printing is dispensed with and the appeals are heard today.

(2.) These two Second Appeals are directed against the judgment and decree passed by Assistant Judge, Valsad in Regular Civil Appeal No. 110 of 1986 dated 31st August, 1995 and Regular Civil Appeal No. 17 of 1990 dated 31st August, 1995. Since a common substantial question of law is involved in both these appeals, though on different facts and arising from different Civil suits, they were heard together and are being disposed of by this common judgment.

(3.) Both the parties have agreed that it is not necessary to refer in detail to the factual controversy in these two appeals as substantial question of law involved in these appeals can be decided without elaborate reference to facts. The substantial question of law which is involved and which is required to be formulated for the decision of this Court is as under :