MILIND DEVIDAS KAGAL Vs. JOSNA DEVIDAS KAGAL

JUDGEMENT

(1.) The captioned writ petition is filed by the plaintiff assailing the order passed by the learned Judge on an application filed under Sec. 94 (e) read with Sec. 151 of CPC seeking direction against defendants 7 to 18, who are tenants to deposit rent.

(2.) The learned Judge has rejected the application on the ground that the quantum of rent is not indicated in the application and moreover, suit being one for partition, the plaintiff is entitled to seek mesne profits in the event he succeeds. The said order is under challenge.

(3.) Having perused the order, I am not inclined to interfere with the order under challenge. The petitioner-plaintiff is asserting that the suit schedule properties are joint family ancestral properties. On the contrary the defendants claim that there is already severance in the family and they are asserting absolute right over the properties in question. Since the suit is one for partition and separate possession, the plaintiff has to establish that there is no severance in the family and he is entitled for his legitimate share in the properties. If he is able to demonstrate that he is entitled for share, the consequences will follow. The learned Judge was justified in not entertaining the application. I do not find any illegality or infirmity in the order under challenge. Hence, the writ petition stands dismissed.