Yesterday The Gujarat High Court has refused to grant relief to a delinquent son, who was claiming property right on the bungalow which belongs to her mother in Vadodra after he was sided from the ‘Will’ because he beats his parents.
Judge Paresh Upadhyaya turns the appeal down which was filed by Jayeshbhai Patel, said “The conjoint reading thereof makes it clear that the mother was aggrieved by her son, she had reasons for being so aggrieved and according to her, she did not wish to give anything from her property to her ungrateful son. This Court finds that, as observed by the Supreme Court of India in the case of Mahesh Kumar (supra) and Leela Rajgopal (supra), any person of ordinary prudence would have acted this was only.”
It was said by Patel that the Will of her mother is not verified and that the bungalow was a ground plus one floor property and he could be allowed to possess the first floor. Though his two sisters (to whom the mother have given the property) were denying his claim. They have also shown a letter written by her mother to the police where she was seeking help as Patel beats her. Analysing the same, Court said “Considering the totality this Court finds that, no question of law, much less any substantial question of law arises in this case worth being gone into by this Court in exercise of appellate jurisdiction under Section 100 of the Code of Civil Procedure, 1908. The findings of facts recorded by the Courts below do not suffer from any perversity; there is no non-reading or misreading of evidence on record. This 2nd Appeal, therefore, needs to be dismissed.”