JIVIBEN ALIAS BAVLIBEN BHADABHAI RUPAPARA Vs. LABHUBEN

JUDGEMENT

(1.) The present appeal arises against the judgement and preliminary decree dated 31.12.2009 passed the learned Civil Judge in Special civil Suit No.266/1993, whereby the preliminary decree has been passed for 1/3rd share in the property admeasuring 33 acres and 26 gunthas.

(2.) The short facts of the case appears to be that the plaintiff is the daughter of Bhadabhai Limbabhai Rupapara. For the sake of convenience, the parties shall be referred to as per their status and/or plaintiff /appellant or respondent/defendant, as the case may be. The defendants No.1 and 2 are the daughters of Bhadabhai Limbabhai Rupapara. The plaintiff case was that her father had expired since many years and the mother Maniben, wife of Bhadabhai Limbabhai Rupapara has also expired and they are only real sisters and each will have 1/3rd share i.e. plaintiff and defendants No.1 and 2 being the surviving legal heirs of the deceased Bhadabhai Limbabhai Rupapara. Therefore, the suit for partition of the ancestral property was filed. The learned Civil Judge, at the conclusion of the trial found that the plaintiff is having 1/3rd share in the property and, therefore, had passed the judgement and preliminary decree dated 31.12.2009, which is under challenge in the present appeal.

(3.) We have heard Mr.A.R. Thacker, learned Counsel appearing for the appellant. We have considered the judgement and reasons recorded by the trial Judge.