SINDAV HARI RANCHHOD Vs. JADEV LALJI JAYMAL

JUDGEMENT

(1.) This appeal is moved by original defendant No. 15 in Special Civil Suit No. 20 of 1968 filed by the respondents-plaintiffs in the Court of the learned Civil Judge, Senior Division, Surendranagar, for a declaration that the sale deeds executed by their father, defendant No. 1 were null and void and are not binding on them as defendant No. 1, their father was addicted to bad habits and the transactions entered into by him in favour of the purchasers concerned were tainted with illegality and immorality. Learned trial Judge recorded evidence offered by the parties and came to the conclusion that there was nothing illegal or immoral about the said transactions and they were binding on the plaintiffs as their father out of necessity had entered into those transactions. So far as the present appellant, defendant No. 15 is concerned, he is said to have purchased two pieces of agricultural lands being Survey Nos. 1292/2/3. This sale transaction in his favour was of January 27, 1965. Similar sale transaction was entered into by defendant No. 1 relating to Survey No. 803 on May 4, 1965 in favour of the respondent No. 16 herein. By amendment to the plaint the original plaintiffs introduced Paragraph 15A as under :

(2.) The averments in the said paragraph were contested by the present appellant and other contesting defendants contending as under :

(3.) In the light of the aforesaid pleadings of the parties an issue was struck by the trial Court being Issue No. 6A which reads as under :