SHAUKAT SHAH Vs. RAMLAL

JUDGEMENT

(1.) BEING aggrieved by the judgment dated 8.1.2002 passed by II ADJ, Shujalpur, District- Shajapur in civil first appeal No. 9-A/2001 whereby judgment dated 27.11.1990 passed by Civil Judge, Class-II, Shujalpur in civil suit No. 54-A/1987 whereby suit filed by the appellant was decreed was set- aside, present appeal has been filed.

(2.) THE appeal was admitted by this Court vide order dated 10.4.2002 on the following substantial questions of law :-

(3.) LEARNED counsel for the respondent No. 1 to 5 submits that learned trial Court has decreed the suit filed by the appellant on the basis of hostile title. It is submitted that no relief was claimed by the appellant on the basis of hostile title and no issue was framed in that regard. It is submitted that law relating to hostile title is well settled by Hon'ble Apex Court in a decision in the matter of Hemaji Waghaji Jat v. Bhikhabhai Khengarbhai Harijan (2009) 16 SCC 517. It submitted that appeal filed by the appellant be dismissed.