PARESH KHATAU THAKKAR Vs. JOTENDRA P.THAKKAR

JUDGEMENT

(1.) HEARD the Advocates. The plaintiff is the son of Defendant No.7 and grand-son of deceased Premji Karabhai who died on 24/11/72. deceased Premji executed Will on 1/6/66 which was his last Will to which there was Codicil dt.1/11/72. Under the Will dt. 1/6/66. Defendant No.7 along with the other Defendants was given a life interest in respect of the property and after than the life interest was to vest in the Plaintiff who is the ultimate beneficiary under the Will. In the Codicil only the amount of Rs.40,000/- was given of Defendants No.7

(2.) THE present motion is taken out by Defendants No.7. It is in respect of property at Kalyan Street. The suit was filed by the Plaintiff after he attained the majority. The date of birth of the Plaintiff is 31/7/65. He attained majority on 31/7/83 and the suit was filed by the Plaintiff on the last date of limitation, i.e. on 30/6/86. Six years thereafter, the Defendant No.7 has taken out this present notice of motion to protect his rights, i.e. namely the life interest in the suit property, in the property of deceased Premji, pursuant to the Will.

(3.) THERE are dozens of orders of this Court in the different motions and in appeals arising out of those orders, and I was taken through all the relevant orders by Advocates. In my opinion, it is not at all necessary to go into any of those orders, because the motion can be disposed of only on the above points raised.