S M JAKATI Vs. S M BORKAR

JUDGEMENT

(1.) THE following Judgment of the court was delivered by . (with him <DJG>S. JAFER IMAM, J.):</DJG>

(2.) THIS is an appeal against the judgment and decree of the High court of Bombay varying the decree of the trial court decreeing the plaintiff's suit for possession by partition of joint family property.

(3.) THE learned Civil Judge, held that the suit was collusive; that the liability which defendant No. 1 incurred was avyavaharika and was therefore not binding on the sons and thus appellant No. 1 would have 1/3 share in the joint family property, defendant NO. 1-1/3 and appellant No. 2 also 1/3. He therefore declared the shares as above in the whole of the joint family property including the bungalow which is the only property in which the respondents are interested and which is in dispute in this appeal.