KAMALABAI Vs. KASTURIBAI

JUDGEMENT

(1.) THE appellant has challenged the judgment and decree in O.S. No. 44/2008 dated 15.09.2009, dismissing her suit filed for partition and separate possession of the share in the house property and payment of share in the Provident Fund, Family Pension, Education Fund etc.

(2.) THE parties would be referred to as per their ranks before the Trial Court for the sake of convenience.

(3.) THE 1st defendant filed her written statement and contended that the suit is not maintainable, as the joint family properties are not included in the suit and other sons of the plaintiff are not the parties. She admitted that the plot was the self -acquired property of Channappa and he having put up the construction of a building by raising loan under an unregistered mortgage transaction. It was her contention that Abdulajij Gesudraj Inamdar, the mortgagee is a necessary party to the suit. It was also her contention that the deceased has the 1/8th share in the joint family properties and his other brothers were not impleaded in the suit. So also she contented that the family owned a tractor and trailer and it was necessary for the plaintiff to include all these properties in the suit. Contending that a false suit has been instituted, she sought for the dismissal of the suit with compensatory costs of Rs. 10,000/ -.