HARIJAN JETHUBHAI BHURE Vs. HARIJAN LAXMIBEN GOPAL

JUDGEMENT

(1.) Shri A.J. Memon, learned counsel for the appellants and Mr.B.Y. Mankad, learned counsel for the respondents.

(2.) The appeal has been admitted for hearing the parties on the following substantial questions of law;

(3.) The respondents - plaintiffs had filed the Civil Suit No.226 of 1979 in the court of learned Civil Judge (J.D.) praying inter-alia that the defendants be asked to remove the encroachment which they have made upon the property belonging to the plaintiffs, leave the possession and an injunction be granted against the defendants not to interfere with the possession of the plaintiffs. It was submitted by the plaintiffs that in the partition amongst the family members, the property had fallen to the plaintiffs' share bearing Survey No.6-7/11, and as the defendants have no right in the property, the plaintiffs be granted the relief.