RUKSHMANIBEN RANCHHODDAS Vs. KANCHANBEN RATILAL

JUDGEMENT

(1.) The original plaintiff Rukshmaniben had filed a suit bearing Special Civil Suit No. 18 of 1990 against her daughter-in-law namely Kanchanben Ratilal the defendant No. 1 for a declaration that she is the owner of the ornaments lying in the Gujarat Safe Deposit Com- pany Account No.5249 for a mandatory injunction directing the defendant No. 1 to hand over the key of the locker permanent injunction restraining the defendant No.1 from interfering the plaintiff operating the locker and in the alternative if the defendant No. 1 has misappropriated the ornaments then for a decree in the sum of Rs. 32 0 being the value of the ornaments. It was also claimed by way of mandatory injunction directing the defendant No.1 to hand over the shares and also for taking accounts from the defendant No.1 in connection who the dividend recovered by her on the said shares and also of the bonus shares and further directing defendant No. 1 to hand over dividend and the bonus shares recovered by her.

(2.) As per the case of the plaintiff in the said suit the plaintiff had received the ornaments as described in the plaint at the time of partition on 26/03/1959 as an absolute owner and the said ornaments were her Stridhan property however some ornaments wore given to her by her husband and from her parents wide; (sic) that the said ornaments have been deposited in the said deposit account and the name of her son was also added as joint account holder for conven- ience. It is also her case that after the death of her son-Ratilal the name of her grandson i.e. the present respondent No. 2 was added so that she may not find it difficult to open the account as she was unable to sign Now there is no dispute regarding the fact that defendant No.1- Kanchan- ben Ratilal had expired during the pendency of the suit

(3.) The original plaintiff-Rukshamaniben had expired on 5/06/1984 i. e. during the pendency of the suit and therefore her son Champaklal the petitioner herein vide application Exh 108 dated 30/07/1984 applied to be joined as the heir and legal representative of the deceased- plaintiff staling therein that as per the Will executed by the deceased on 21/11/1974 he has been made the legal representative.