BHIMASHANKAR Vs. CHANDRAKANTH

JUDGEMENT

(1.) The brief facts of the case of the plaintiffs is as under:

(2.) Shankar's branch entered appearance and filed a written statement. They admitted the relationship as set out by Babu's branch. They stated that the land bearing C.S. No.397 was purchased by the propositor--Govind in the year 1915 and the said land was totally measuring 21 acres 34 guntas. It was stated that this property was a self-acquired property of Govind and prior to his death on 29/3/1969, he had executed a registered Will on 2/9/1968 and even prior to the execution of this registered Will, a partition had been executed during the year 1952-53 by Govind amongst his three sons and in the said partition, the land bearing Sy.No.397 was divided into three portions and each of the sons were put into their respective possession. It was stated that on 8/10/1963, Babu had sold his northern portion of 07 acres including a house and open space in favour of his elder brother-- Shankar for a sale consideration of Rs.2,400.00. It was stated that the fact that the partition and the sale were, in fact, incorporated in the Will dtd. 2/9/1968 executed by Govind--their father. It was thus, stated that Shankar--the second son was in possession and enjoyment of a total extent of 14 acres 23 guntas as its exclusive owner.

(3.) It was stated that the other suit land i.e., Sy.No.46 measuring 12 acres 25 guntas was purchased by Shankar in the name of his son--Chandrakant (defendant No.1) on 19/10/1975 and this was, therefore, the self-acquired property of Shankar, and Babu's branch had no right to claim any share in the said property. It was also stated that Babu was facing some financial difficulties and heeding to the advice of the elders, Shankar had given Babu a portion of the land out of Sy.No.397/1B and this portion measured 04 acres. It was stated that after getting into the possession of 04 acres, Babu tried to encroach upon the remaining portion and as a result, Shankar was constrained to file a suit in O.S. No.213 of 1984 for injunction and thereafter, he had filed O.S. No.252 of 1986 seeking for possession, which was transferred to the Court of Munsiff, Indi and renumbered as O.S. No.236 of 1989.