MANIBEN Vs. SAHEBRAO SHANKARRAO DABHADE

JUDGEMENT

(1.) Learned advocate Mr.Shelat submitted that the appellant no.1 Maniben W/o Anandilal Harilal has expired and appellants no.2 and 3 are her legal heirs and prays to delete the name of appellant no.1. Amendment to be carried forthwith.

(2.) The appellants herein are the original defendants and the defendants herein are the original plaintiffs in Civil Suit No.200 of 1982. (For the sake of convenience and brevity they shall be referred to as the "original plaintiffs" and "original defendants".)

(3.) This appeal is directed against the judgment and decree passed on 20.7.1983 in Civil Suit No.200 of 1982 by the learned City Civil Judge, Court No.6, Ahmedabad whereby the suit of the plaintiff was partly allowed and the defendants were ordered to pay Rs.8869/- only in lieu of the deficit land of 159.65 sq.yards i.e.133.46 sq.mtrs. with future interest calculated at the rate of 7% over the principal amount of Rs.7240/- from 1.2.1982 till its payment or realization. It was also further ordered that the plaintiffs shall retain possession to the extent of 58.88 sq.yards i.e. 49.07 sq.mtrs. of land out of the deficit land of 218.53 sq.yards i.e. 182.53 sq.mtrs. as owners which is a part of sub-plot no.7/2/2 of Maninagar Town Planning Scheme No.4 situated in Rajpur-Hirapur, Taluka City, District and Sub-district Ahmedabad whose possession was to be retained by the defendants as owners which was by way of proportionate land of common plot and roads and which came to the share of Prabhudas Acharya.