ZEVERBHAI SOMABHAI Vs. BENJIBEN

JUDGEMENT

(1.) Zaverbhai Somabhai Patel the appellant-original plaintiff has filed this Second Appeal under section 108 of Code of Civil Procedure. against the judgment and decree dated 16.3.1977 passed by the learned Extra Assistant Judge, Nadiad in Regular Civil Appeal No. 28 of 1976. The learned Appellate Judge by his judgment and decree was pleased to allow the appeal and pleased to quash and set aside the judgment and decree dated 2.2.1976 passed by the learned Civil Judge (JD) at Dakore, Kheda District in Regular Civil Suit No.11 of 1973 filed by the plaintiff.

(2.) Before I set out the facts I shall set out the pedigree which is given by the learned advocate for the appellant in this behalf. Said pedigree is as under:

(3.) From the pedigree it emerges that Khatubhai Bapuji had two daughters Banjiben and Vakhatben. Vakhatben died before the death of Khatubhai. Khatubhai died on 2.11.1945. Banjiben the other daughter had two sons vis. Madhabhai Motibhai and Vakhatben had two sons viz. Madhabhai-deft.no.2 and Motibhai deft.no.3. Vakhatben had 2 sons viz. Chhaganbhai and Zaverbhai. Zaverbhai is the plaintiff of the suit; whereas Banjiben is defendant no.1 and Motibhai is defendant no.3.