SHARMA GAJENDRA SURESHBHAI Vs. SAVITRIBEN MAHESH SHARMA

JUDGEMENT

(1.) The present appeal arises, under Sec. 100 of the Code of Civil Procedure, 1908, from the impugned judgment and decree dtd. 25/7/2019 passed by the learned th Additional District Judge, Vadodara in Regular Civil Appeal No.26 of 2017, whereby the learned appellate Court has confirmed the judgment and decree dtd. 20/12/2016 passed by the learned 18 th (Ad-hoc) Additional Senior Civil Judge, Vadodara in New Regular Civil Suit No.1633 of 2015 (Old Special Civil Suit No.597 of 2013), dismissing the suit.

(2.) Heard learned advocates.

(3.) Learned advocate Mr.Ravi B. Shah for the appellant has submitted that the learned trial Court has not considered the evidence lead by the appellant at Exh.33 and 34, in which it is clearly shown that appellant's father has paid Rs.1,40,000.00 to the builder through his bank and the appellant's father has also supported this fact by way of deposition at Exh.82. He has submitted that this fact was never rebutted by the defendants. He has further submitted that both the learned Courts below have not considered the fact that the appellant has borrowed an amount of Rs.1.00 lakh from his friend viz., Bipinbhai Kantibhai Patel for the repayment of money to defendant No.1, and such facts were come on record by examining the said witness. He has also submitted that both the learned Courts below have relied on the title of the property which was given to defendant No.1 only on the oral condition that after repayment of Rs.2.00 lakhs to defendant No.1, she will transfer the title of the property to the appellant and said repayment also proved by the appellant.