CHANCHAL Vs. HEIRS OF TETIYABHAI C KOLCHA

JUDGEMENT

(1.) This Second Appeal under Sec. 100 of the Code of Civil Procedure arises out of a judgment and decree rendered by the learned Joint District Judge, Vadodara in Civil Appeal No. 254/81. The said Civil Appeal arose out of a judgment and decree rendered in Regular Civil Suit No. 154/76 by the learned Civil Judge (JD) Chhota Udaipur on June 30, 1981.

(2.) The facts of the case are that the Appellant had preferred the said suit against Tetiyabhai Chimarabhai Kolcha, whose legal representatives are the present respondents. For the sake of convenience, the appellant would be referred to as "the plaintiff and the Respondent who represent the original defendant would be referred to as "the defendant" in this judgment.

(3.) The plaintiff has come with a case that she, as the only surviving heir of Chhaganbhai Chimarabhai, is entitled to the property of Chhaganbhai Chimarabhai, which came to his share from the ancestral properties of Chimarabhai. When the plaintiff demanded her right, the defendant paid no heed. She therefore inquired that the revenue department is around 10.10.1973 to find out that the defendant had got all the properties transferred to his name in the revenue records with the ulterior motive of damaging the interest of the plaintiff in the properties. The suit was therefore filed by the plaintiff, for declaration that the plaintiff has a share in the suit properties and to get her share decided in the lands and the building. The suit was also for recovery of Rs. 3.000/- as mesne profit for preceding three years.