KASHINATH Vs. LAXMI BAI

JUDGEMENT

(1.) AGGRIEVED by the judgment and decree of the trial Court granting 4/5th share to the plaintiffs, the defendant has filed the present appeal.

(2.) THE parties will be referred to as per their rank in the trial Court.

(3.) AFTER service of summons, the defendant entered appearance and filed his written statement. His evidence was that during the life time of their father he performed the marriage of plaintiff No. 2 by giving Rs. 50,000/ - as dowry and 5 tola of gold to plaintiff No. 2's husband. Therefore, the plaintiff No. 2 is not entitled for any share. The marriage of plaintiff No. 3 by giving dowry and gold ornaments was admitted by plaintiff No. 3 and her husband in the affidavit in O.S. No. 131/1989. The plaintiff No. 5 is having illegitimate intimacy with plaintiff No. 2's husband. The relief claimed is not tenable. That there is no relationship between the plaintiffs and hence, joint family question does not arise. That during the year 1991 on the basis of the family settlement the mutation was sanctioned. The same was challenged before the Assistant Commissioner which was dismissed. The plaintiffs have not challenged the said order. Hence, it is pleaded that the suit be dismissed. Based on the contentions, the trial Court framed the following issues for consideration.