PATEL KACHRABHAI KASHIDAS Vs. SHAH CHIMANLAL BALDEVDAS

JUDGEMENT

(1.) CHALLENGE in this Second Appeal is made by the original defendant No.1, to the concurrent findings of both the Courts below and it is directed against the judgment and decree dated 07.07.2009 passed by the Appellate Court below i.e. the 3rd Joint District Judge, Mehsana in Regular Civil Appeal No.123 of 2007, whereby, while dismissing the Appeal, the Appellate Court below confirmed the judgment and decree dated 13.08.2007 passed by the Trial Court i.e. the Additional Civil Judge, Vijapur in Regular Civil Suit No.86 of 1986.

(2.) THE Trial Court had, on the basis of the pleadings before it, framed the following issues, and on the basis of evidence led before it, answered them as under.

(3.) ON the basis of above findings, the Trial Court decreed the suit. Suit property of Survey No.283 pertains to mortgage to Shri Nanji Balchand and his heirs were original defendant Nos.3 and 4. That dispute was settled out of Court and therefore to that extent, suit was not tried. That is how, in the final judgment, the order is passed only qua suit property of Survey No.284, which was mortgaged to Shri Kashiram Balchand. The branch of Shri Kashiram Balchand was represented through his son Kachrabhai and grandson Gandabhai, son of Kachrabhai, as original defendant Nos.1 and 2. The said property is agricultural land bearing Survey No.284 admeasuring 7.2 Bighas, situated at Village Khanusa, Taluka Vijapur, District Mehsana. The Trial Court had ordered the original plaintiffs to deposit an amount of Rs.761/ - within a period of seven days. The Trial Court had further directed that the possession of the suit property bearing Survey No.284 be handed over to the plaintiffs by the defendant No.1, within a period of two months. The Trial Court had also directed payment of Rs.500/ - per month as mesne profit from the date of suit i.e. 02.04.1986 until the possession of the property is handed over to the plaintiffs.