ALPESHBHAI CHHAGANBHAI MONPARA Vs. CHHAGANLAL BHIMJIBHAI MONPARA

JUDGEMENT

(1.) On 5th December, 2006, after hearing the learned Counsel for the appellants, this Court observed that the plaintiff had successfully proved that he had purchased the property and raised the construction over it, the Court also observed that the Appellate Court was justified in holding that the plaintiff is the owner of the suit property. This Court also held that the plaintiff could successfully prove that the plaintiff is the owner of the suit property and has successfully proved that he had spent a good fortune in raising the construction. The Court observed that after service of the notice, the defendants appeared in the Court, but, did not file their written statement and did not even cross examine the plaintiff. This Court, after taking into consideration the totality of the circumstances, held that in view of the conduct exhibited by the defendants, the Courts below were absolutely justified in holding that the plaintiff is the owner of the property.

(2.) It was contended on the last occasion that the learned first Appellate Court was unjustified in presuming the plaintiff to be in possession even when the plaintiff was claiming the relief of possession. Being satisfied with this argument, this Court observed that notices be issued to the other side to show cause that why the appeal be not admitted and finally disposed of on the question proposed in the Order dated 5th December, 2006.

(3.) Shri B. D. Karia, learned Counsel, appears for the plaintiff-respondent and submits that the question may be framed by this Court and the same may be answered in favour of the appellants.