SHANTILAL PITAMBARDAS Vs. DINESH PREMDAS

JUDGEMENT

(1.) BY way of present appeal, the appellants have challenged the legality and validity of the judgment and order dated 29th July 1989 passed by the Assistant Judge, Surendranagar in Regular Civil Appeal No.134 of 1989 as well as the judgment and decree dated 18th August 1984 passed by the Civil Judge (Junior Division), Chotila in Regular Civil Suit No.15 of 1980, whereby the trial Court has allowed the suit preferred by the respondents-original plaintiffs, which has been confirmed in appeal by the lower Appellate Court.

(2.) THE brief facts giving rise to the present appeal are that the original plaintiff has filed the suit for partition of the suit property. It was the case of the original plaintiffs before the trial Court that the suit property was an HUF property situated at village Dudhali, Taluka Chotila, known as Baliya admeasuring 14 acres and 4 gunthas bearing Survey No.49. Bai Sita-widow of late Darbar Khanchar Bhimbhai Vaghbhai had donated the said land to Bhagvandas Madhavdas, who was the grandson of Malukdasji and, therefore, the place was known as 'Maludasji's Jagya'.

(3.) MS.Trusha Patel, learned advocate appearing on behalf of Mr.A.J. Patel, learned advocate for the appellants, has submitted that the Courts below have erred in holding that the suit property was an HUF property of Bhagwandas Madhavdas; that the Courts below have failed to appreciate that the respondents have their share in the suit property; that Courts below have failed to appreciate that the suit is barred by the provisions of Section 39 of the Saurashtra Barkhali Abolition Act, 1951; that the Courts below ought to have held that Civil Court have no jurisdiction to try the suit and that the Courts below have failed to appreciate the documentary evidence at Exhibit 65. In support of her submission, she has also relied upon a decision of this Court in the case of Patel Jadav Tapu and others v. Satvara Kesha Vala and others, 1990(1) G.L.H. (U.J.) 31, In view of aforesaid, it is prayed that present appeal may be allowed.