KRISHNA VENCTEXA POROB SHASTRI Vs. SEBASTIAO LUIS FERNANDES

JUDGEMENT

(1.) THIS appeal has been admitted on the following substantial questions of law:

(2.) IN substance the substantial questions of law which are required to be decided in this appeal are that firstly whether in the absence of documentary title, the Courts below could have decreed the suit?, secondly whether by holding that the title of the plaintiffs has been admitted, the Courts below have acted in breach of procedure inasmuch as when there is no such admission on the part of the defendant? and thirdly whether the Courts below failed to consider the exact nature of plea in relation to prescription raised by the appellants?

(3.) THE case of the plaintiffs was sought to be contested by the appellant No. 1 by submitting that the claim of the plaintiffs is false and the ownership and possession of the property stands transferred in favour of appellant No. 1 with effect from 26th April, 1935 and he has acquired even right by way of prescription for having enjoyed the same for 10 years pursuant to the registration of the property in his name. The appellant No. 2 also denied the case of the plaintiffs and claimed to be in possession pursuant to conveyance thereof by the appellant No. 1.