GOSWAMI SHRI MAGANLALJI GORDHANLALJI MAHARAJ Vs. GOSWAMI SHRI PURSHOTTAMLALJI WAGHESHALALJI MAHARAJ
LAWS(PVC)-1948-2-13
PRIVY COUNCIL
Decided on February 04,1948

GOSWAMI SHRI MAGANLALJI GORDHANLALJI MAHARAJ Appellant
VERSUS
GOSWAMI SHRI PURSHOTTAMLALJI WAGHESHALALJI MAHARAJ Respondents

JUDGEMENT

Coyajee, J - (1.) This matter is placed before me at the direction of the Court of Appeal pursuant to a remand made in this matter by their Lordships of the Privy Council.
(2.) The facts of the case are set out in my judgment dated April 9, 1943. In that judgment I held that a parcel of the Tapti Valley Railway Company, Ltd., shares were held by Shri Rukshmani Vahuji as part of the estate of Shri Narsinglalji Maharaj, and that the said shares formed part of the joint family property in her possession. On a consideration of facts in that case arising on the evidence adduced before me I arrived at the conclusion that in those particular circumstances the said shares belonged to the reversioner, the plaintiff in the suit and I passed a decree in his favour for the payment of an amount equivalent to the value of the shares together with interest thereon.
(3.) As I came to that conclusion I indicated that no question of adverse possession and of limitation survived for a decision.;


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