NARGIS MANEKJI BHARUCHA Vs. NIRMAN H BHARUCHA

JUDGEMENT

(1.) HEARD the learned advocate for the appellants in both the appeals.

(2.) SECOND Appeal No. 162 of 1980 arises from judgment and decree dated 07. 05. 1977 passed in Regular Civil Suit No. 1238 of 1970 passed by the learned Joint Civil Judge (J. D.), Surat, who partly allowed the suit by passing a preliminary decree as detailed in the judgment and decree.

(3.) SECOND Appeal No. 163 of 1980 also arises from the same proceedings of the Courts below. This appeal was admitted on the following questions of law:-Whether the lower appellate court has erred in law in allowing defendant No. 1's claim for half share in the cost of construction of flush latrines and other repairs and alterations in the suit property against the plaintiff, even though admittedly the flush latrines were constructed in the western gals of the property which had failed to the share of the defendant No. 1 prior to the constructions of the latrines? whether the claim of the defendant No. 1 against the plaintiff for the amount spent by him towards the cost of construction of flush latrines and other repairs in the suit property in the year 1961 in barred by limitation? whether the lower appellate court has erred in not holding that in an account suit filed by the plaintiff, the defendant No. 1 was entitled to a decree by way of adjustment of the amount spent by him allegedly on behalf of the plaintiff? whether it is an error of law not to hold in a suit for account a counter claim in the nature pleaded by defendant No. 1 is not permissible under law and no decree could be passed in favour of defendant No. 1?