RADHIBEN CHETIA MAVJI KATARE Vs. SURTAN VESTA DAMOR

JUDGEMENT

(1.) Mr.D. F. Amin, learned counsel for the cippellants, Mr. R. M. Vin, learned counsel for the respondent No.1 and Mr.Hukum Singh, learned Assistant Government Pleader for the respondent No. 2 - State.

(2.) Short facts necessary for disposal of the present appeal are that one Chetiabhai Mavjibhai Katara - husband of the plaintiff No. 1 and father of the plaintifff No. 2 to 4 was the owner of the suit land bearing Survey No.51 admeasuring 13 Acres and 2 Gunthas and was cultivating the same.

(3.) The said Chetiabhai Mavjibhai Katara expired in the year 1951 and thereafter, the plaintiffs became owners of the suit land. The plaintiffs say that their names were recorded in the revenue records vide Mutation Entry No.35. The defendant No.1, who were residing at village Varoda, somehow or other, managed an entry in his favour that he had purchased the property by paying a consideration of Rs.300=00 (Rupees Three Hundred only) and the sale was oral. After realising about the entry, the plaintiffs filed a suit for declaration that the said entry be held to be invalid and not affecting the rights of the plaintiffs. The defendant No. 1 appeared before the Court and raised number of disputes, his submission was that the entry was right and justified, he had acquired ownership rights under oral sale and that if the oral sale was bad, he has become owner of the property being in possession of the property since after 1951. The question of jurisdiction of the trial court was also raised. The learned trial court, after recording evidence and hearing the parties, dismissed the suit holding that the Civil Court has no: jurisdiction, the appeal was also dismissed, therefore, the plaintiffs are before this Court.