JASUBHAI BHAGWANBHAI Vs. KHER KANUBHAI GOVINDBHAI

JUDGEMENT

(1.) This Second Appeal under Section 100 of the Code of Civil Procedure has been preferred by the appellant herein original plaintiff challenging judgment and order dated 31.12.2001 passed by the learned Civil Judge (J.D.), Wadhwan in Regular Civil Suit No.7 of 1986 confirmed by the learned Appellate Court vide judgment and order dated 15.02.2010 passed in Regular Civil Appeal No.3 of 2002 by which learned Trial Court dismissed the suit preferred by the present original plaintiff.

(2.) Appellant herein original plaintiff instituted Regular Civil Suit No.7 of 1986 in the Court of learned Civil Judge (JD), Wadhwan. It was contended in the Suit that plaintiff is son of defendant no.2. Defendant Nos.3 and 4 are brothers of plaintiff. Father of plaintiff (defendant No.2) had transferred suit property to defendant no.1 by executing a registered deed on 25.05.1976. The suit property is agriculture field located at Wadhwan. Said agriculture field is of 3 acres and 37 gunthas. The plaintiff filed the suit on the ground that suit property was purchased by his father from savings and earning of ancestral property jointly owned by his father. It was further averred that father of the plaintiff had disposed of suit property without any 'legal necessity' and at the time of execution of deed of suit property, plaintiff was minor. The plaintiff preferred suit wherein he prayed for relief for declaration and injunction. The plaintiff further prayed that the registered sale deed executed by defendant no.2 in favour of defendant no.1 on 25.05.1976 of the suit property is illegal and void and not binding to the plaintiff. It was also prayed that suit property be handed over by defendant no.1 to the plaintiff.

(3.) Defendant no.1 main contesting party has filed Written Statement vide Exh.17 denying all the contentions raised by the plaintiff and defendant claimed that he is bona fide purchaser of the suit property. It was also further alleged that the suit is time barred.