KESHARBEN SANGHA PATEL Vs. JIVATIBEN SANGHA PATEL

JUDGEMENT

(1.) THIS appeal under Section 100 of the Code of Civil Procedure is by original plaintiff No.1, who alongwith her mother (Plaintiff No.2-deceased) had filed Civil Suit No.43 of 1994, against the Respondents herein who are original-defendant Nos.1 and 4 respectively, as also against two other defendants, who were sisters of the present appellant, for declaration that the plaintiffs have share in the suit property of land bearing Survey Nos. 1999, 1205 and 279 situated at village Latipur and for passing decree of partition in respect of their share. It is the case of the plaintiffs, in their suit, that the suit properties are ancestral properties and plaintiff No.1, defendant Nos.1 to 3 being daughters and plaintiff No.2 being mother of plaintiff no.1 are equally entitled to their share in the ancestral properties.

(2.) THE suit was resisted by defendant No.1 to 3 by filing written statement at Exh.7 and by defendant No.4 (Respondent No.2 herein) by filing written statement at Exh.33. It was a specific case of Respondent No.2 that there was an agreement to sale executed in the year 1978 by the father of plaintiff No.1 and husband of plaintiff No.2 and on the basis of such agreement to sale plaintiff No.2 executed sale- deed after the death of her husband in favour of Respondent No.2 on 01.05.1982. Respondent No.2 was bonafide purchaser and acquired all rights in respect of land bearing Survey No.279.

(3.) THE learned Trial Judge thus came to the conclusion that land bearing Survey No.279 was not ancestral property but self acquired property and plaintiff No.2 widow of deceased Sanghabhai having executed sale-deed as per the wish of deceased Sanghabhai, Respondent No.2 has become owner of the property and plaintiff No.1 had no right to ask for her share from the said property. On the basis of above conclusion, learned Trial Judge, partly allowed the suit, and passed decree declaring 80% of share of the plaintiff in the land bearing Survey Nos.1999 and 1205. So far as the land bearing Survey No.279 is concerned, the suit was dismissed.