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2021 Supreme(Guj) 550

A. P. THAKER
Nagben D/o. Vithalbhai Motibhai – Appellant
Versus
Bhikhabhai Ranchhodbhai – Respondent


Advocates Appeared:
For the Appellant : Mr. D.M. Thakkar.
For the Respondents: Mr. B.S. Patel, Mrs. Ranjan B. Patel.

JUDGMENT :

1. The Second Appeal has been preferred by the Original-plaintiff being aggrieved with the judgment and decree passed by the learned Assistant Judge, Bharuch dated 22.07.1998 in Regular Civil Appeal No.24 of 1993 to the extent allowing the appeal of the respondents.

2. The brief facts leading to this Second Appeal are that the appellant filed the suit being R.C.S No.396/1987 for getting her share in movable as well as immovable properties namely the agricultural land bearing Block No. 523, 591, 469, 30, 73, 356 and one house bearing No.1/62 and the property no.1/63. It was the case of the appellant-plaintiff that the aforesaid properties were ancestral properties, in which her father viz Vithalbhai Motibhai had one share and she is only legal heir of the deceased father, who expired on 09.02.1986, the said share of her father should be given to her.

2.1. It was also contended that the house bearing No.1/59 being self acquired property of her father, she should be declared sole owner of the said property.

3. The defendants have denied the case of the appellant by filing written statement at Exh.12 and resisted the suit on all grounds.

3.1. It is contended by the defendants tha

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