Justice Paresh Upadhyaya of the Gujarat High Court turned down an appeal filed by one, Jayeshbhai Patel and refused to grant any relief to him ‘an ungrateful son’ in her mother’s property, a bungalow in Vadodara, after he was excluded by the mother in her 'Will' as he would beat the parents. The Court observed that the mother was aggrieved by her son and that any person of ordinary prudence would have acted in this way.
Patel claimed that the Will of her mother was not proved and said that he should be allowed to occupy the first floor in the bungalow which was a ground plus one-floor property. His two sisters contended the claim as the mother had transferred the property right to them. They relied on a letter by their mother, Madhukantaben, narrating an incident of her seeking help as Patel was beating her.
The Court dismissing the appeal said that, no question of law arises in this case and the findings of facts recorded by the Courts below do not suffer from any perversity.
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