VILAS VASANTRI SHASHTRAI MINOR Vs. VASANTRAI VISHNU SHASHTRI

JUDGEMENT

(1.) This appeal is directed against the judgment and decree passed by the learned Civil Judge (Senior Division) Navsari in Special Civil Suit No. 23 of 1968. By the aforesaid decree the learned Civil Judge (Senior Division) Navsari directed inter alia that the appellant plaintiffs suit for a declaration pertaining to sales in favour of respondents Nos. 5 and 6 be dismissed. He however declared that the mortgage in favour of the respondent No. 7 is not binding to the appellant plaintiff and respondent No. 2. The learned Civil Judge also held that the appellant plaintiff had half share in the family properties except those properties alienated in favour of respondents Nos. 5 and 6. He also directed that suitable arrangements to be made for the maintenance and marriage expenses of respondent No. 3. He appointed the commissioner to effect the partition and gave certain directions for taking accounts and for submitting his report. The operative portion of the judgment of the trial Court in this behalf is as follows:

(2.) In the appeal before us the only grievance of the appellant plaintiff is that the learned trial Judge was in error in not granting the declaration pertaining to sales in favour of respondents Nos. 5 and 6 (original defendants Nos. 5 and 6).

(3.) Now in order to understand the grievance of the appellant plaintiff a few facts relevant for the disposal of the appeal may be stated in brief.