AJAY Vs. STATE OF GUJARAT

JUDGEMENT

(1.) Being aggrieved by the order dtd. 15/7/2021 passed below Exh-5 in Civil Suit No. 276 of 2019 by the Chamber Judge, Court No.5, City Civil Court, Ahmedabad, the defendant No.1 has preferred the present Appeal from Order under Order 43 Rule 1(r) of the Code of Civil Procedure.

(2.) The appellant is the original defendant No.1 and respondent No.1 is the original plaintiff and respondent No.2 is the original defendant No.2 before the trial Court. For the brevity and convenience, the parties are referred to in this order, as per their status before the trail Court.

(3.) The short facts of the suit is that the plaintiff has preferred the Suit praying for declaration that plaintiff is having the possession of the land since 2002 and defendant No.2 has derived the ownership by way of Will executed by late Chhaganlal Bapalal and late Chhaganlal Bapalal gave verbal Kabulat to hand over the property in favour of the plaintiff and made further declaration that the defendant No.1 has no right to disturb the possession of the plaintiff and for permanent injunction. It is the case of the plaintiff that the suit property being tenement No. B/4, situated in the Nav Durga Society, Naroda Village, District: Ahmedabad, was in the name of late Chhaganlal Bapalal who has purchased it by way of registered sale-deed in the year 1991 and it was in his possession. That, late Chhaganlal Bapalal had one son Devendra, who died in the year 2001 and during the marriage life of Minaxiben with Devendrabhai, one son namely Ajay was born.