LAWS(GJH)-2019-5-199

LAWRENCE RANCHHODBHAI CHRISTIAN Vs. GUJARAT CHRISTIAN SERVICE SOCIETY

Decided On May 08, 2019
Lawrence Ranchhodbhai Christian Appellant
V/S
Gujarat Christian Service Society Respondents

JUDGEMENT

(1.) The present appellant, who was the original plaintiff in Regular Civil Suit No.177 of 2013 before the trial court and appellant in Regular Civil Appeal No.124 of 2017 before the first Appellate Court, has challenged the impugned judgment and order passed by the trial court as well as the first Appellate court dated 7th July, 2017 and 13th March, 2019 respectively dismissing the suit as well as appeal preferred by him, in the present appeal.

(2.) This appeal was placed at admission stage, considering the facts that concurrent findings was arrived at by the learned trial court as well as first Appellate court and only two issues were raised by the appellant mainly in respect of prior permission not obtained by the respondents/defendants under Section 51 of the Bombay Public Trusts Act, 1950 from the Charity Commissioner for filing cross objection/counter claim before the trial court and the issue of adverse possession not properly considered by the trial court, this appeal is taken up for final hearing.

(3.) Short facts of the present case may be referred as under: