KEDARI MASHNU GURAV Vs. PANDURANG MASHNU GURAV

JUDGEMENT

(1.) Defendants 2 and 3 in O.S. 100/1991 on the file of the Principal Civil Judge (Jr. Dn.,), Khanapur, have filed this second appeal questioning the Judgment and decree passed by the Learned Trial Judge directing partition and separate possession of the properties described under Schedules B and C of the plaint. R.A. 20/2008 filed in the Court of the Civil Judge (Sr. Dn.,) having been dismissed, this second appeal has been filed. For convenience, the parties will be referred to by their ranks in the suit.

(2.) Plaintiff's case in brief is that, along with defendants 1 to 3, there was a joint family and he has got 1/4th share in the properties described in Schedules A, B and C of the plaint; that he is innocent and illiterate person and taking advantage of his sober nature, defendants 1 to 3 colluding with each other got managed to enter their names in the revenue records and despite the request made to allot his share, defendants refused to give the share. Hence, suit to pass decree of partition, separate possession and consequential reliefs was instituted.

(3.) Defendants 1 to 3 filed joint written statement and denied the claim of the plaintiff. They contended that there was already a partition of the ancestral properties and the plaintiff is in possession of half portion of the lands and that defendant No. 1 sold the property by executing a registered sale deed dated 7.10.1987. They contended that there is suppression of facts by the plaintiff and sought dismissal of the suit.