MANGALA Vs. JAYABAI

JUDGEMENT

(1.) The appeal is directed against the judgment and decree passed in O.S. No. 3/1975 on the file of the Civil Judge, Belgaum wherein the suit is filed by one Mangala daughter of Virupax Deshpande seeking for partition of 1/4 share in the suit schedule properties, she having succeeded to the estate of her late father Virupax Deshpande who died intestate leaving behind wife Smt. Jayabai and three daughters inclusive of the plaintiff was dismissed. The Geneological tree of the family of Virupax Deshpande being- Few facts to briefly state are:

(2.) During the lifetime of Virupax Deshpande, the schedule properties were joint Hindu family properties at the hands of Virupax Deshpande. Virupax Deshpande dies on 30-4-1962 intestate leaving wife and daughters as mentioned in Geneological tree as his legal representatives and at the time of his death plaintiff and second and third defendants were minors and first defendant was acting as natural guardian of her minor daughters and also was managing the suit schedule properties. The first defendant wife of Virupax Deshpande and mother of plaintiff and second and third defendants sold away all the family properties and the plaintiff after attaining majority has challenged the alienations effected by her mother the first defendant and has pleaded that alienations as not binding on her in view of the fact that her mother either as natural guardian or as Manager had no legal competency to effect alienation of the schedule family properties so as to bind her 1/4 share in the properties in question. The plaintiff has arryaed her mother and two sisters as Defendants 1 to 3 and other alienees as defendants 4 to 46 and since some of the family lands were proposed to be acquired, the 47th defendant was made party.

(3.) Sum and substance of plaintiffs pleading being-