LAWS(GJH)-2019-8-35

PARAGBHAI M. DESAI Vs. DAHYABHAI M. DESAI

Decided On August 14, 2019
Paragbhai M. Desai Appellant
V/S
Dahyabhai M. Desai Respondents

JUDGEMENT

(1.) This Second Appeal is filed by the original defendants and is directed against the common judgment and decree passed by the 4th Joint Civil Judge (Senior Division), Vadodara dated 04.05.1985 in Regular Civil Suit No.1688 of 1974, Special Civil Suit No.213 and 214 of 1981, as confirmed by the 4th Extra Assistant Judge, Vadodara dated 05.03.1994 in Regular Civil Appeal No.209 of 1985.

(2.) While admitting this appeal on 28.06.1994, one substantial question of law was framed by this Court. During the course of hearing of this appeal, after hearing the learned advocates for the respective parties, additional substantial questions of law also arose before this Court, as canvassed by the learned advocates for the contesting parties and are accordingly framed by this Court. Those substantial questions of law are as under.

(3.) Learned advocates for both the sides are heard at length. It is noted that, both the learned advocates have extensively taken this Court through the Record and Proceedings of both the Courts below. They have also taken this Court through the reasons recorded by the Trial Court, qua the issues framed by it. They have also taken this Court through the points for determination framed by the Appellate Court below. Both the learned advocates have read the reasons and the findings recorded by both the Courts below, from their perception in support of their arguments, for and against the substantial questions of law, noted above.