JETUNBEN ALLARAKHA Vs. FAKIR KASAMSHA AHMEDSHA

JUDGEMENT

(1.) The appeal is admitted for hearing the parties on the following substantial questions of law:

(2.) The plaintiffs, namely, Fakir Allarakha Zahurali (since deceased through legal representatives), Fakir Muradali Zahurali and Fakir Bebima Zahurali filed a suit against the respondents - Fakir Kasamsha Ahmedsha and his wife Fakir Jetunben Kasamsha. In the suit, they had prayed that the defendants had no authority to stay on the property and were liable to be evicted.

(3.) Shri Pinakin M. Raval, learned Counsel for the appellants, submits that once it is held that the plaintiffs are the absolute owners of the property in dispute, then, under the circumstances, a decree for possession ought to have been passed. He submits that the two Courts below, despite holding the plaintiffs to be the owners of the property, erred in refusing the relief of possession.