IRANNA VENKAPPA SAKHARE Vs. SHANTABAI TUKARAM SAKHARE

JUDGEMENT

(1.) THE appellants were the plaintiffs and respondents were defendants in the Trial Court. For the sake of convenience, the rank of the parties are referred to as in the Trial Court.

(2.) PLAINTIFFS filed the suit in O. S. No. 204 of 1985 for partition of l/3rd share and l/6th share for the deceased, 9th respondent, who was the 3rd plaintiff in the suit in respect of the suit schedule property. The suit was filed on the plea that the property was acquired out of joint family nucleus. The defendants resisted the suit contending that the suit schedule property is not the joint family property. On the basis of the pleadings, the Trial Court framed issues. Both the parties led evidence by examining witnesses and producing documents. On appreciation of the material evidence on record, the Trial Court by its judgment dated 30-1-1993 decreed the suit. In the appeal filed by the defendants in R. A. No. 19 of 1993, the judgment and decree of the Trial Court was set aside and the suit was dismissed by the First Appellate Court by its judgment dated 6-3-1998 by allowing the appeal. Aggrieved by the same, the plaintiffs have preferred this second appeal.

(3.) THIS appeal was admitted to consider the following substantial question of law. (a) Whether the First Appellate Court is justified in reversing the judgment and decree of the Trial Court and dismissing the suit?