PATEL KANUBHAI BHENKABHAI Vs. PATEL SHARDABEN RANCHHODBHAI

JUDGEMENT

(1.) The present Second Appeal has been filed under Sec. 100 of the Code of Civil Procedure, 1908 (for short " the CPC ") challenging the judgment and decree passed by the Additional District Judge, Valsad in Regular Civil Appeal No.11 of 2021, confirming the judgment and decree dtd. 1/11/2021 passed by the Additional Senior Civil Judge Valsad in Regular Civil Suit No.9 of 2021.

(2.) For the sake of brevity and convenience, the parties are referred to at their original status as that in the suit.

(3.) The brief facts arising in the present Second Appeal are that the plaintiff had filed Regular Civil Suit on the ground that the plaintiff and father of defendant and his family members had good relation and both parties agreed to exchange between themselves the property mentioned at paragraph nos.1 and 2 of the plaint. It is a case of the plaintiff that the said exchange of land between the plaintiff and the defendant were as per their mutual understanding and free will and the plaintiff and the defendant applied before the Mamlatdar by a letter dtd. 15/3/1983 for changing the ownership of the suit property in the record and the Mamlatdar had passed an order, thereby refusing to effect the exchange between the parties by letter dtd. 23/9/1983.