VISHWANATH NIRVENEPPA BURJI Vs. UMESH

JUDGEMENT

(1.) This Regular Second Appeal is filed by defendant Nos.1 to 3 challenging the judgment and decree dtd. 12/11/2009 passed in R.A.No.2/2007 on the file of the Fast Track Court-I, Chikodi, (for short 'the First Appellate Court') by which the First Appellate Court reversed the judgment and decree dtd. 30/11/2006 passed in O.S.No.105/2000 on the file of the Civil Judge (Senior Division), Chikodi ( for short 'the Trial Court').

(2.) For the sake of convenience the rank of the parties is referred to as per their status before the Trial Court.

(3.) The plaintiff filed the original suit for declaration and permanent injunction by pleading that the suit properties are agricultural lands bearing R.S.No.571/3 measuring 7 acres 10 guntas to the extent of 1/3rd share and house property bearing V.P.C.No.1117 of Bhoj Village. Originally the suit properties were standing in the name of Shivaputra Burji, who is brother-in-law of the plaintiff. In the family partition the said suit properties were allotted to the share of Shivaputra Burji. The defendant No.1 is brother of Shivaputra Burji. Shivaputra Burji has acquired the suit property through family partition and accordingly, his name was mutated in the revenue records. Shivaputra Burji died at Sangali on 9/5/1996 leaving behind his wife Annapurna. Shivaputra Burji and Annapurna have no issues. After the death of Shivaputra Burji, name of Annapurna was entered in the revenue records and thus Annapura had become owner and was in possession of the suit property. The defendant Nos.2 and 3 are sisters of deceased Shivaputra Burji, who were given in marriage about 30 years before. The plaintiff is brother of Annapurna, he is looking after the suit schedule land and also during her lifetime, he was looking after her health and was cultivating the land on her behalf. It is pleaded that relationship of Shivaputra Burji and Annapurna with defendant Nos.1 to 3 were not cordial.