GOVINDJI VIRJI CHAWDA Vs. LAKHMAN MEGHA

JUDGEMENT

(1.) APPELLANTS have preferred this second appeal under section 100 of the CPC on the following substantial questions of law. Whether the learned appellate Judge has considered the plaintiff's case above his dispossession. Whether the sale deeds Exh-94 and 116 are continued rights in the light of Exh-30.

(2.) THE plaintiffs filed the suit contending that the plaintiff Nos. 1,2 and 4 are the sons and plaintiff No. 3 is the widow of deceased Megha Jetha, who purchased the suit property being a house bearing Kita No. 15, S. No. 331 and Sanad No. 91/97 by registered sale deed dated 28. 11. 1950 and was residing therein with his family members. It was further contended that deceased Megha Jetha was suffering from T. B. and therefore, he was taken to Bhanvad by them and taking advantage of their absence, the defendants dispossessed them and took over the possession of the suit property. It was further contended that defendant No. 1 took over possession of southern portion and defendant No. 2 took over northern portion of the suit property. It was further contended that when they returned to Junagadh, they came to know about their dispossession and therefore, requested the defendants to hand over possession of the suit property, but the defendants refused to hand over possession and tried to mutate their names in the suit property in the City Survey Office. Therefore, suit was filed for actual and vacant possession of suit property bearing survey No. 331, Sanad No. 91/97 of Junagadh and also claimed mesne profit for use and occupation of the suit property by the defendants.

(3.) THE suit was contested by the defendants by filing written statement Exh-8. The defendants contended that the suit property is in possession of defendant No. 2 since the time of his father from 1938 and defendant No. 1 is in possession since 1962. It was further contended by them that they are in legal possession by adverse possession and therefore, suit is required to be dismissed.