Sharma, J. - (1.) These appeals are directed against the decision of the Gujarat High Court in an appeal arising out of a suit for partition instituted by the respondent No. 1, Vadilal Bapalal Modi (since deceased).
(2.) The father of the plaintiff Vadilal was Bapalal who had 5 sons the plaintiff. Ramanlal, Gulabchand, Kantilal and Jayantilal, and a daughter Champaben. Gulabchand was impleaded as the first defendant in the suit and on his death his heirs and legal representatives have been substituted. Kantilal and Champaben are defendants 2 and 3 respectively. Ramanlal predeceased Bapalal and his wife and son are defendants 4 and 5. Jayantilal also died earlier and his wife Smt. Chandrakantaben, defendant No. 6 is the appellant in Civil Appeal No. 418 of 1973. Their children are defendants 7 to 12. Civil Appeal No. 520 of 1973 has been preferred by the 7th defendant, Narendra.
(3.) The suit by Vadilal was instituted in 1960, claiming share in the considerably large properties detailed in the Schedule to the plaint, but the present appeals are not related to any other item excepting the property described as a chawl admeasuring 7 acres and 2 gunthas of land with 115 rooms and huts, situated in the Naroda locality in Ahmedabad under Lot No. 8 of the plaint which has been referred to by the counsel for the parties before us as the chawal or the Naroda chawl. According to the case of defendants 6 to 12, this property exclusively belongs to defendant No. 6 and is not liable to partition. The other defendants contested the claim of the plaintiff with respect to some other items, but so far the disputed chaw is concerned, they supported the plaintiffs' case that it belonged to the joint family and is liable to partition.;