ABEDABEN ISABBHAI KURESHI Vs. ISMAILBHAI ALIBHAI KURESHI

JUDGEMENT

(1.) The present Second Appeal has been filed under Sec. 100 of the Code of Civil Procedure. Aggrieved by the judgment and decree passed by the 6th Adhoc District Judge, Mehsana dtd. 16/1/2018 passed in Regular Civil Appeal No.45 of 2016 whereby the said appeal was dismissed and the judgment and decree passed below Exhibit-19 under the provision of Order VII Rule 11 in Regular Civil Suit No.82 of 2015 by the Principal Civil Judge, Kadi was confirmed. For the sake of convenience, the parties are referred to plaintiff and defendant herein.

(2.) The plaintiff filed Civil Suit No.82 of 2015 and it is the case of the plaintiff in the plaint that they are the legal heirs of Isabbhai Usmanbhai Kureshi and the said Isabbhai Usmanbhai Kureshi expired on 27/11/1995 and the said Isabbhai Usmanbhai Kureshi was the father of plaintiff Nos.1 to 3 and grand father of defendant Nos.4 to 10 and it is the case of the plaintiff in the plaint that the suit property was owned by said Isabbhai Usmanbhai Kureshi and his brother Ahmed Usmanbhai Kureshi and a Revenue Entry was also effected by Revenue Entry No.2710.

(3.) It is the case of the plaintiff that with respect to Survey No.121 at Mouje:Nandasan, Taluka Kadi, Jilla Mehsana, when the plaintiff got the certified copy of the village form No.7-11, in October-2015. It is at that time that the plaintiff came to know, that the defendant No.1 by a fraudulent signature, executed a registered sale deed No.495 on 6/5/1981 and it is the case of the plaintiff that the said signature is the sale deed does not bear the hand-writing of late Isabbhai Usmanbhai Kureshi and the witnesses to the said deed are also fraudulent and the plaintiff in the said suit has also stated that by way of Entry No.5386, the defendant No.1 has entered his name in the revenue record on 18/4/1988 by virtue of the said sale deed dtd. 6/5/1981.