MOTIBHAI JESLABHAI GHARASIYA Vs. NARANBHAI JESLABHAI GHARASIA

JUDGEMENT

(1.) ADMIT. Mr. Mehta waives service of notice of admission on behalf of the sole respondent. With the consent of the parties, the Appeal from Order is disposed of today.

(2.) The appellants herein are the original defendants against whom the present respondent had instituted a suit for declaration and injunction on the ground that the plaintiff and defendants are step brothers.

(3.) The plaintiff's mother was one Harkhiben, who had married with one Mangabhai, and out of the said wedlock, she delivered three children. After the death of the said Mangabhai, Harkhiben re-married with Jeslabhai, and the plaintiff is the son of Jeslabhai and Harkhiben. After death of the plaintiff's mother, his father Jeslabhai remarried with one Pisliben. The case of the plaintiff is that he is in possession of the suit property and the land in question belongs to Mangabhai who is previous husband of his mother Harkhiben, and that his father used to stay with his mother in the house of his mother as Ghar Jamai. It is the case of the plaintiff that the plaintiff has share in the suit property through his mother's side. On this and other grounds, the aforesaid suit for declaration and injunction is filed. The said suit was resisted by the defendants on various grounds.