SUKRIT SAHANI Vs. FUCHAI SAHANI @ RAJENDRA

JUDGEMENT

(1.) THIS appeal arises out of judgment and order dated 3.9.1997 passed in F.A. No. 826 of 1977, whereby a learned Single Judge of this Court was pleased to dispose of the appeal with modification in the judgment and decree of the trial court passed in P.S. Nos. 24/5 of 1964/1977.

(2.) The defendants first set, who were respondents first party before the learned Single Judge, are appellants herein, and are aggrieved by the modification of the judgment and decree of the trial court by the learned Single Judge.

(3.) WHETHER the learned Single Judge sitting in appeal could enlarge the claim of the defendants second set, who were appellants before the learned Single Judge, is the sole issue arising in the Letters Patent Appeal.