KOLI PATEL KALU TALSHI Vs. VORA KAHABHAI ZINABHAI

JUDGEMENT

(1.) THE respondent -plaintiff filed the suit praying inter -alia that as he is in possession of the suit property, the present appellants -defendants be restrained from interferring with his possession. The defendants appeared before the Court and submitted that the property in question belonged to the defendants, the plaintiff being money lender, after advancing some loan, required the defendant No.1 to execute a sale deed in favour of the plaintiff with an assurance that on payment of the money, the document would not come in effect. It is submitted before the lower Court that they were in possession of the property.

(2.) THE learned trial Court after recoding the evidence and hearing the parties came to the conclusion that the plaintiff being in possession of the property was entitled to a decree of injunction. The said decree was confirmed in the appeal. Therefore, the defendants are before this Court.

(3.) THE appeal has been admitted for hearing on the following substantial questions of law.