MONAKKA SHINDE Vs. MARUTI SHINDE

JUDGEMENT

(1.) This appeal under Section 100 of C.P.C. is by the plaintiff in the suit, O.S. 370/2004, on the file of I Addl. Senior Civil Judge, Belagavi. Since the suit was decreed, respondent No.1 herein preferred an appeal, R.A.117/2010 to the District Court, Belagavi. The said appeal, having been allowed and the judgment and decree of the trial Court set aside on 13.01.2012, the plaintiff, aggrieved by the said judgment, has filed this second appeal.

(2.) By referring to the parties with respect to their positions in the suit, pleadings are summarized as below:-

(3.) The plaintiff is the stepmother of defendant No.1 and natural mother of defendant No.2. As the plaintiff states, she is the second wife of one Somanath Shinde. The 1st defendant's mother died when he was a child; Somanath married the plaintiff after his first wife died and she brought up defendant no.1 since his childhood, as her own son. According to plaintiff, even before her marriage, she was managing agricultural operations; she was growing and purchasing paddy and processing it into rice for being marketed. She had good source of income from her independent business. Besides this, she had been given gold jewellery at the time of her marriage and other occasions. Her husband, Somanath was working in Regional Transport Office, Belagavi and his salary income was just sufficient to maintain the family and that he had spent a lot for the medical treatment of his first wife; he had no surplus funds to purchase property. The plaintiff states that the properties at items A, B, C, D and E as described in the plaint were acquired by her and two other items, F and G are the joint family properties of her husband. She also states that after the death of her husband on 26.08.1979, she along with her son i.e., defendant No.1, obtained loan from the Belagavi Pioneer Urban Co-operative Bank Ltd., and constructed a commercial complex at plaint items D, E, F and G properties.