ASHOKBHAI MADHUBHAI PATEL Vs. MADHUBHAI JAGUBHAI PATEL

JUDGEMENT

(1.) This appeal under Sec. 96 of the Code of Civil Procedure, 1908, has been filed by the appellant, who was the original plaintiff. He challenges the order dtd. 8/2/2024, passed by the 15th Additional Senior Civil Judge, Surat, below Exh.12 and 13 in Special Civil Suit No. 231 of 2022. By the aforesaid order, the learned Judge dismissed the suit under the provisions of Order VII Rule 11 of the Code of Civil Procedure, 1908.

(2.) The plaintiff had filed the suit seeking a declaration that the registered Sale Deed dtd. 16/3/2022, executed by the defendant Nos. 1 to 4 in favour of defendant nos. 5 to 11 be declared as null and void and not binding to the appellant - plaintiff. It was further prayed that a declaration be issued that the defendants No. 5 to 11 acquired no right in the subject land.

(3.) It was the case of the appellant plaintiff as set out in the plaint that the land bearing Survey No. 107, Block No.133 admeasuring 17402 sq.mtrs situated at Palanpore, Taluka: Adajan, District: Surat, belonged to the defendants. The land originally was of the ancestorKeshavbhai Jagubhai Patel who died on 14/12/2019. The land, therefore, vested in the defendants who were the lineage descendants of Keshubhai Patel. On the death of Shri Keshubhai Patel on 14/12/2019, a revenue entry was made on 19/1/2021 in favour of the defendant Nos. 3 and 4 and other sisters. Subsequently, some of the descendants on 26/7/2021, prepared a release deed in favour of defendant Nos. 3 and 4.