AMBABEN Vs. HEIRS OF DECD. RAIBEN

JUDGEMENT

(1.) While admitting this second appeal, the Court had formulated the following substantial question of law for determination and consideration:

(2.) The facts giving rise to the appeal are that the appellant-original plaintiff (hereinafter for the sake of convenience referred to as the plaintiff), who claimed to be the wife of deceased Ranchhodbhai Gopalbhai Patel instituted a suit being Regular Civil Suit No. 257 of 1983 in the Court of the learned Civil Judge (S.D.), Gandhinagar seeking permanent injunction against the respondent-original defendant (hereinafter referred to as the defendant) from in any manner transferring the lands bearing Survey No. 741/1 of Mouje Randheja admeasuring 0 acre 26 gunthas as well as land bearing Survey No. 1373 of Mouje Pethapur admeasuring acre 1 gunthas 26 as well as the property No. 6/131 described as the building situated in Ramji Mandir, Madhwala Vas. It was the case of the plaintiff before the Trial Court that she was the legally wedded wife of deceased Ranchhoddas Gopaldas Patel (hereinafter referred to as Ranchhoddas). Ranchhoddas had initially married the defendant Raiben but as they had no issue, Ranchhoddas had divorced Raiben and had married the plaintiff. Upon the demise of Ranchhoddas, she was his sole legal heir and as such, all his properties devolved on her under the Hindu Succession Act, 1956. According to the plaintiff, the defendant had been given a limited right of maintenance from the properties in question and had no right to transfer the same.

(3.) Before the Trial Court, on behalf of the plaintiff, four witnesses had been examined and on behalf of the defendant, two witnesses had been examined. By way of documentary evidence, two documents, one being the document evidencing contract of marriage between the plaintiff and Ranchhoddas and the other being a deed evidencing a compromise between the plaintiff and the defendant whereby the possession of the properties in dispute was given to the defendant by way of maintenance throughout her life-time.