MANIBEN CHUNILAL MISTRY (SINCE DECD ) THROUGH NIRMALAB Vs. HASMUKHLAL TRIBHOVANDAS MISTRY(SINCE DECEASED) & 1 ORS

JUDGEMENT

(1.) This Second Appeal has been filed by the appellantoriginal Plaintiff challenging the judgment and decree dated 06.04.2010 passed by the Principal District Judge, Patan, (hereinafter referred to as 'the Appellate Court') in Regular Civil Appeal No. 13 of 2007, whereby the Appellate Court while dismissing the said Appeal has confirmed the judgment and decree dated 26.02.2007, passed by Principal Senior Civil Judge, Patan, (hereinafter referred to as 'the Trial Court') in Regular Civil Suit No. 294 of 1993 (Old No. 266 of 1985) .

(2.) The Second Appeal was admitted by this Court for determination of following substantial questions of law as per order dated 13.12010:

(3.) Whether the Courts below erred gravely holding that the property of Survey No. 109 was of the ownership of defendant no.1 only because his name appeared in the property card though no evidence is produced to prove that the said property was purchased by the defendant no.1 from his own income?