BAI CHANCHAL Vs. MOTIBHAI JHAVERBHAI DECD

JUDGEMENT

(1.) At the time of admission of this Second Appeal the following substantial question of law wa framed :

(2.) The appellant is the or final plaintiff and the following is the pedigree showing the relationship of the parties : Shambhubhai ------------ Jhaverbhai _______________________________________________________________________ Ranchhod Motibhai Shankarbhai (died in D-1 1966 ----------------------------------------- Chanchal Dhuylabha Rambhai (plaintiff- D-2 D-3 Appellant) The suit property is agricultural land S. No. 358 admeasuring 1 Acre and 34 Gunthas in village Chili. It is the case form the appellant-plaintiff that the grandfather Jhaverbhai was the original owner of the suit field and other his demise the said land had come to be given to her father. Ranchhod on 6/05/1949 and ever since than her father and after his death she the plaintiff and been in continue peaceful and undertaking the suit was filed for injunction and declaration in respect of the suit land.

(3.) The undisputed facts are that by a registered gift deed dt. 19/04/1947 (ex. 169) Jhaverbhai gifted his properties including the suit land to two of his sons namely Motibhai and Shankerbhai to the exclusion of his third son Ranchhod. Jhaverbhai died thereafter. It is the case of the plaintiff that the exclusion of Ranchhod was the subject matter of the village dispute and as a result of conciliation by ciders of the village the dispute was settled by a writing dt. 6/05/1949. Out of the properties gifted to the two sons the two sons gave only the Suit land to Ranchhod and he was put in to possession. Admissibility of this document dt. 6/05/1949 (ex. 198) is seriously contested by the respondents on the ground of absence of proof of execution of the document absence of proof of attestation and absence of registration.