LAWS(GJH)-2014-1-40

VAGHELA SURYABA RANCHHODJI Vs. BECHARBHAI ADARBHAI PATEL

Decided On January 08, 2014
Vaghela Suryaba Ranchhodji Appellant
V/S
Becharbhai Adarbhai Patel Respondents

JUDGEMENT

(1.) Heard learned advocates.

(2.) Challenge in this Second Appeal is made by the original plaintiffs to the concurrent findings of both the Courts below. This appeal is directed against the judgment and decree dated 30.11.2012 passed by the the Additional District Judge, Gandhinagar in Regular Civil Appeal No. 45 of 2005, and thereby confirmed the judgment and decree dated 26.11.2004 passed by the Civil Judge (Junior Division) Gandhinagar in Regular Civil Suit No. 03 of 1994, whereby the suit for cancellation of the saledeed dated 20.04.1982 was dismissed. The Court below has further found that the institution of this suit was abuse of process of law by the plaintiffs, in connivance with defendants No. 3, 4 & 5 who are family members of the plaintiffs themselves. The said connivance was against the original defendant No.1 to extract money over and above the sale consideration of the property, which was sold to him by the above referred registered saledeed.

(3.) 1. The relevant facts are emerging as under.