NAVINCHANDRA SOMCHAND Vs. SOMCHAND BECHARDAS

JUDGEMENT

(1.) The original defendants have filed the present Second Appeal under Sec. 100 of the Code of Civil Procedure against the judgment and decree passed by the 3rd Joint Civil Judge Junior Division, Regular Civil Suit No.350 of 1978 which came to be confirmed by the learned Assistant Judge, Surat by his judgment and decree dtd. 28/3/1988 passed in Regular Civil Suit No.269 of 1984.

(2.) The appellants are original defendant and the respondents are the original plaintiff before the Court below. For the brevity and convenience, the parties are referred to in this judgment as per their status before the lower Courts i.e. defendant and plaintiff.

(3.) The plaintiff has filed Regular Civil Suit No.350 of 1980 in the Court of Civil Judge Junior Division, Surat inter alia for declaration that he is the owner of the suit property as well as for possession of the suit property and for permanent injunction against the defendant. It was contended by the plaintiff that the suit property is self acquired property purchased from his personal fund; that the defendants have no right, title and interest in the suit property; that the defendant nos.1 and 2 are the sons of the plaintiff by the first wife; that on 15/6/1907, owner of the suit property Ambaram Parshottamdas the ancestor of the plaintiff and by Maniben, daughter of Parsottam Hirabhai also the ancestor of plaintiff, mortgaged it with one Vallabh Madhav.