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SA/155/2008 1/ 1 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
SECOND
APPEAL No. 155 of 2008
=========================================================
SHAIKH
HABIBI IMAM KALU & 1 - Appellant(s)
Versus
MOULANA
MIJANURAHEMAN DAVUDKHAN PATHAN - Defendant(s)
=========================================================
Appearance
:
MR
MA KHARADI for
Appellant(s) : 1
- 2.
None
for Defendant(s) :
1,
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CORAM
:
HONOURABLE
MR.JUSTICE KS JHAVERI
Date : 17/07/2008
ORAL
ORDER
ADMIT.
The following substantial
questions of law arises from this appeal.
[1] Whether the Lower
Appellate Court has taken a correct view in denying the claim of the
adverse possession of the present appellant? As the appellant’s
possession of the Suit property is of more than 14 years and that too
within the knowledge of the land owners.
[2] Whether the Lower
Appellate Court is right in accepting the case of the second
purchaser i.e. Moulana Mizanurraheman, when it is established by the
evidence that the first purchaser was also not having any possession
of the suit property and of any such transaction where possession is
not delivered cannot be said to be transfer of property in the eye of
Law?
[3] Whether Lower
Appellate Court was correct in brushing aside the evidence of the
original owner through whom the actual possession was delivered to
the present appellant?
[K.S. JHAVERI, J.]
/phalguni/
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