HINABEN DHANANJAYBHAI PATEL Vs. GANPATSINH FULSINH JADAV

JUDGEMENT

(1.) Order dated 15/12/2018 rendered in Regular Civil Suit No.59 of 2015 below Exhibit-46 under O.1 R.X and O.6 R.XVII of the Code of Civil Procedure (for short CPC) is sought to be assailed in this petition under Article 227 of the Constitution of India.

(2.) Original plaintiff instituted the afore-mentioned suit seeking a declaration that he was exclusive possessor and owner of the suit property; principally on the premises that the suit property was ancestral property and he was the legal heir of Ganpatsinh and the original defendants are the legal heirs of Natvarsinh. Natvarsinh, Ganpatsinh and Kesarisinh are the three sons of Fulsinh Jadav who was their common ancestor. It was the plaintiff's case that share in the property succeeded by branch of Natvarsinh was relinquished in his favour and he also repaid the loan taken by his cousin brother on the said property after relinquishment. It is on the aforesaid premises that suit was filed asserting his title over it, by Ganpatsinh.

(3.) It appears that in the year 2014, title clearance of the suit property was sought by the petitioner in respect of the suit property and it is his case that after obtaining the title clearance certificate on 20/09/2014, the sale-deed was registered in his favour on 18/05/2015. It is thus the case of the petitioner that he is bona- fide purchaser for value without notice.