FA/1054/1980 1/3 JUDGMENT IN THE HIGH COURT OF GUJARAT AT AHMEDABAD FIRST APPEAL No. 1054 of 1980 For Approval and Signature: HONOURABLE MR.JUSTICE KS JHAVERI ========================================================= 1 Whether Reporters of Local Papers may be allowed to see the judgment ? 2 To be referred to the Reporter or not ? 3 Whether their Lordships wish to see the fair copy of the judgment ? 4 Whether this case involves a substantial question of law as to the interpretation of the constitution of India, 1950 or any order made thereunder ? 5 Whether it is to be circulated to the civil judge ? ========================================================= HUSANABIBI D/O ABDULREHMAN NURBHAI - Appellant Versus KHATIJABIBI WD/O SIRAJUDDIN PIRBHAI - Respondents ========================================================= Appearance : MR KV SHELAT for Appellant. NOTICE UNSERVED for Respondents : 1/1 to 1/6. ========================================================= CORAM : HONOURABLE MR.JUSTICE KS JHAVERI Date : 24/04/2008 ORAL JUDGMENT By way of this appeal, the original plaintiff has challenged the judgment and order dated 5th September, 1979 passed by the learned City Civil Judge, Court No.18, Ahmedabad, whereby Civil Suit FA/1054/1980 2/3 JUDGMENT No.2829/1976 filed by the appellant - original plaintiff, came to be dismissed. 2. The brief facts of the case are that the appellant- original plaintiff filed the suit for redemption of the mortgage of the suit property described in plaint para 1, and in the alternative for specific performance of the suit contract dated 14th December, 1970 executed by deceased defendant Sirajuddin in favour of the appellant-plaintiff to sell the suit property to her for an amount of Rs.4100/-. 3. The learned Judge framed issues at Exh.42, and considered the evidence led by the plaintiff as well as the evidence produced by the defendant and the written statement Exh.7 filed by the defendant whereby the defendant denied the suit transaction. After discussing the evidence in para-7, the trial Court believed that the suit agreement Exh.59 was duly executed between the parties. However, while discussing the evidence of witness Gulam Zafar Exh.58 in para-10, it is held by the trial Court that the agreement Exh.59 was not admittedly signed by the deceased defendant, and in view of the evidence of witness Gulam Zafar Exh.59, the case of the plaintiff was disbelieved by the trial Court and after discussing the evidence in length, dismissed the suit filed by the plaintiff, giving rise to filing of the present appeal. FA/1054/1980 3/3 JUDGMENT 4. Heard the learned counsel for the appellant at length and also considered the documents forming part of the appeal. 5. The trial Court, after appreciating the oral as well as documentary evidence, has dismissed the suit on merits as well as on point of limitation. I am in complete agreement with the reasons given by the learned trial Court. The learned counsel for the appellant has failed to establish any error committed by the trial Court. Hence, the appeal stands dismissed, with no orders as to costs. [K.S.JHAVERI,J.] (patel)