SITABEN Vs. BHANABHAI MADARIBHAI PATEL

JUDGEMENT

(1.) . This is an appeal by the original plaintiff challenging the dismissal of her suit by the Civil Judge (Senior Division), Surat by judgment and decree in Special Civil Suit No.89/97.

(2.) . It is pertinent to note that the plaintiff is a female and she has filed suit in her capacity as daughter of one Madaribhai Bhagabhai Dhodiya, although it is admitted that she is married. She had sued her brother for partition of ancestral property by metes and bounds, where agricultural lands were the subject matter of this partition suit.

(3.) . The Trial Court after framing appropriate issues on the basis of the pleadings of the parties, considered the entire evidentiary material on record and came to the conclusion that the plaintiff is not entitled to 1/2 share of the suit property as claimed, that the plaintiff failed to prove that the properties which were the subject matter of the suit were joint family properties, that the plaintiff is not entitled to the partition claimed, and that the defendant has proved that the plaintiff has no right title or interest in the suit property.