SATWARA LADHA VALJI Vs. STAWARA DAMJI LALJI

JUDGEMENT

(1.) This appeal under Sec.100 of the Code of Civil Procedure has been preferred by the appellant against the judgment and order dated 28-8-1980 passed by the learned Assistant Judge, Jamnagar, in Regular Civil Appeal No.23 of 1978 whereby the appeal was dismissed thereby confirming the judgment and order dated 21-1-1978 of dismissal of suit of the plaintiff passed by the learned Civil Judge, Jamnagar, in Regular Civil Suit No.261 of 1972.

(2.) The facts in short are that a suit being Regular Civil Suit No.261 of 1972 was filed by the present appellant-original plaintiff for possession of the suit land bearing Survey No.230/3 admeasuring 6 Acres, 12 Gunthas in Khimrana Village, Jamnagar Taluka, being his share in the ancestral property upon partition in 1959-60 among his father and three brothers. Since there arose dispute between him and his brother-the defendant No.3, he started to reside at Jamnagar in 1971 leaving Khimrana Village. As he was not in the village, the defendant No.3 sold away the suit land to the defendant No.1 and 2 showing him as the real owner of the suit land upon mutating his name in the revenue records. The suit was contested by the defendant Nos.1 and 2 contending inter alia that they were bona fide purchasers of the suit land. However, the suit was not contested by the defendant No.3.

(3.) After considering the documentary as well as oral evidence adduced by the parties, the trial court came to the conclusion that the plaintiff failed to prove his ownership of the suit land and hence, suit was dismissed. When the said dismissal was carried in appeal being Regular Civil Appeal No.23 of 1978, the learned Asstt. Judge, Jamnagar, came to the conclusion that the judgment and order passed by the trial Court was legal and proper and hence, did not interfere with the findings of the trial court. Hence, the present appeal by the original plaintiff.