FATIMA Vs. MIRZA AKBARBHAI RASULBHAI

JUDGEMENT

(1.) This Second Appeal under Section 100 of the CPC is at the instance of the original plaintiffs and is directed against the judgment and order dated 09/02/2018 passed by the Principal District Judge, Vadodara in the Regular Civil Appeal No.74/2011 arising from the judgment and decree dated 13/05/2011 passed by the Additional Civil Judge, Padra, in the Regular Civil Suit No.108 of 2010.

(2.) It appears from the materials on record that the appellants herein - original plaintiffs preferred a Regular Civil Suit against the defendants for cancellation of three sale-deeds and also prayed for permanent injunction with respect to the suit properties bearing land Survey Nos.657, 658 and 681 situated at mouje Village Padra, District Vadodara. The plaintiffs claimed that the suit-properties are ancestral properties. The defendant no.1 is the brother of the plaintiffs. According to the appellants, the land in question was running in the name of their father late Rasulbhai Kajubhai. Rasulbhai passed away on 27/06/1960. On demise of Rasulbhai Kajubhai, the names of mother and brother of the plaintiffs came to be entered in the revenue records. According to the plaintiffs, the names were entered fraudulently. According to the plaintiffs, as the suit properties are ancestral, they have right, title and interest over the same. Three parcels of land came to be sold by the mother of the plaintiffs by three different sale-deeds dated 31/12/1963; 02/08/1967 and 06/12/1969 respectively. According to the plaintiffs, the mother could not have executed the three sale-deeds of ancestral properties thereby depriving the three daughters of their share in the suit-properties.

(3.) The defendants appeared and filed their written-statement at Exh.37. It appears that the defendant no.1 i.e. the brother of the plaintiffs supported the case put up by the plaintiffs. The Trial Court vide Exh.19 framed the following issues:-