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1973 Supreme(Guj) 30

B.K.MEHTA
SHAIKH KASAMBHAI NURBHAI – Appellant
Versus
JENATBIBI HUSAINALI NIYAJALI SAIYAD – Respondent


Advocates Appeared: M.H.CHHATRAPATI, N.R.OZA, Y.S.KRISHNAN

B. K. MEHTA, J.

( 1 ) THESE two revisions arise out of the two interlocutory orders dated 22nd September 1972 and 7th August 1972 respectively made by the Civil Judge (J. D.) Dholka in Civil Suit No. 87 of 1964 filed by one Jenatbibi Husainali against Shaikh Kasambhal Nurbhai for possession of five pieces of agricultural land situated within the revenue limits of Dholka town bearing S. Nos. 1482 to 1486 together with the superstructures and fixtures thereon. By the order of 22ad September 1972 the learned Civil Judge refused to refer the question raised in issue No. 4 namely whether the plaintiff proves that she became deemed purchaser on 1-4-1957 on the ground that the civil court has jurisdiction in the matter on the ratio of the decision of Supreme Court in Musamia Imam Haider Bax Razvi v. Rabari Govindbhai Ratnabhai and others A. I. R. 1969 SC 439 as it involves determination of a question about the past tenancy. By the order of 7th August 1972 the learned Civil Judge rejected the application filed by the plaintiff Bai Janatbibi to delete and recast various issues including the aforesaid issue No. 4 regarding the status of the plaintiff. In order to appreciate the rival contenti















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