VANUBHAI MANGALBHAI PATEL Vs. KHALPABHAI MANGALBHAI PATEL

JUDGEMENT

(1.) This Appeal is filed by the defendants against the judgment and decree dt.26.4.91 passed by Civil Judge (S.D.), Valsad whereby the plaintiff's suit was decreed with costs and it was declared that the plaintiff is the joint owner and occupant of the suit properties alongwith the defendants and is entitled to joint possession and joint user of the same. The defendants were permanently restrained from obstructing the plaintiff in cultivation, using the suit properties jointly with them and other family members.

(2.) The plaintiff and defendants No.1 and 2 are brothers and defendant No.3 is the mother of the plaintiff and defendants Nos.1 and 2 and she is residing with defendants Nos.1 and 2. The father of the plaintiff and defendants Nos.1 and 2 and the husband of defendant No.3 had died on 24.7.77.

(3.) The present suit was filed on 1.3.82 by the plaintiff who came with the case that the grandfather of plaintiff and defendants Nos.1 and 2 Koyabhai had died about 30 years prior to the institution of the suit, the suit lands had been purchased by his (plaintiff's) father Mangalbhai under S.32-G of the Bombay Tenancy and Agricultural Lands Act, that there was a Farm house in the land bearing S.No.285/2 since the time of grandfather Koyabhai and that it was repaired before 28 to 29 years. That at present the plaintiff was staying in the house standing on the land bearing S.No.285/2. The suit properties were in the name of deceased father Mangalbhai and at present they are jointly in the names of all parties to the Suit as also the 4 sisters (daughters of deceased Mangalbhai) at the time of institution of the suit in the Government record. On the date of filing of the suit, the defendants were cultivating the land and were residing in the house standing on the land bearing S.No.285/2. According to plaintiff, the suit properties were joint Hindu family properties and as a member of the joint Hindu family he was the joint owner and joint occupant of the suit properties, but defendants were obstructing him from entering the suit land and were also obstructing him from cultivating the suit land jointly with them. Such obstruction was made in the year 1980 and the plaintiff therefore filed the present suit seeking a declaration to the effect that the parties to the suit are joint owners and occupants of the suit land and that he was entitled to manage, occupy and cultivate the suit properties jointly with the defendants. The plaintiff also claims a permanent injunction seeking to restrain the defendants from obstructing him in cultivating and managing the suit properties jointly with the defendants and that the defendants may also be restrained from constructing any RCC building on the land bearing S.No.285/2.