JUDGMENT :

1. Present Second Appeal has been preferred by the appellant – original defendant against the concurrent findings of the learned Courts below arising out of the suit declaration and permanent injunction.

2. The facts as could be culled-out from the memo of the appeal are as under:

2.1 That the respondent – plaintiff filed the suit for declaration and grant of permanent injunction stating that the appellant no.1 residing with his son-in-law – opponent no.2. The respondent – plaintiff purchased the suit property from one Rashidabibi Mohamad Azam Valjiwala by a registered sale deed dated 9th September, 1998 for a sale consideration of Rs.32,000/-. As per the case of the respondent – plaintiff, the suit property was given by her mother’s father – Latifbhai Rahimbhai Rajebhai in the year 1961 and her mother sold the said property to Rasidabibi Mo. Aajam Valjiwala by registered Sale Deed dated 27th December, 1993 for consideration amount of Rs.30,000/- because her maternal uncles were not maintained her mother and thereafter Rasidabibi resided there with her family and her mother lives in rental house.

2.2 Thereafter, on 9th September, 1998 the property was purchased by respon