BAI VAJIA Vs. THAKORBHAI CHELABHAI

JUDGEMENT

(1.) The facts giving rise to this appeal by special leave against a decree dated Nov. 5, 1976 of the High Court of Gujarat may be better appreciated with reference to the following pedigree-table.

(2.) Default having been made in the payment of maintenance to Bai Vajia according to the terms of the decree, she took out execution and obtained possession of the land above detailed. Thereafter Dayalji and Dahyabhai sons of Mohanbhai deposited in court the arrears of maintenance and filed an application with a prayer that the land of which possession had been given to Bai Vajia in execution of the decree be restored to them. That application was dismissed on the 8th March, 1912 and more than 2| years later, i.e., on 27th October, 1914, Dahyabhai son of Mohanbhai instituted Civil Suit No. 576 of 1914 in the Court of the Additional Sub-Judge, Valsad, for a declaration that the dismissal of his application was null and void and for recovery of possession of the land which Bai Vajia had taken in execution of this decree. The suit was decreed by the trial court but was dismissed in first appeal on the 13th March, 1918.

(3.) The legal representative of Bai Vajia is the sole appellant in the dapple before us, the respondents thereto being nine of the plaintiffs and Six legal representatives of plaintiff ND. 5 as also the purchaser from Bai Vajia who is arraigned as respondent No. 11.