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2000 Supreme(Guj) 335

D.C.SRIVASTAVA
FATMABIBI W/d ABDULKARIM HAJI KADARBHAI – Appellant
Versus
ABDULREHMAN ABDULKARIM – Respondent


Advocates Appeared: G.R.PATHAK, S.B.VAKIL

D. C. SRIVASTAVA, J.

( 1 ) THIS is plaintiffs first appeal against the judgment and decree dated 30th June, 1980 of City Civil Court at Ahmedabad dismissing the suit of the plaintiff for recovery of possession of the demised property from the defendants as well as for recovery of mesne profits.

( 2 ) THE brief facts giving rise to this appeal are as under.

( 3 ) THE disputed property bearing Survey No. 3912 was owned by the appellants husband who was the sole owner of the same. The husband of the appellant arranged for marriage of the defendants. They are step sons of the appellants - plaintiffs husband. After marriage, defendant No. 1 started quarreling, hence, they were asked to live separately in the same house in separate portion on licence basis. Thereafter, on 20-4-1973, the husband of the appellant made oral gift of the entire property in favour of the appellant. A registered declaration was made in that connection on 10-5-1973. From the date of registration of declaration, the plaintiff claimed to be absolute owner of the suit property. The husband of the appellant plaintiff expired on 15th March, 1975. On account of constant quarreling amongst the defendants, it was inconve




















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