RAMACHANDRA SHIDDOJIRAO PARVATRAO Vs. SADASHIVA RAO SHIDDOJIRAO

JUDGEMENT

(1.) This is an appeal by the plaintiff whose suit for partition and possession of one-fourth share in the suit schedule properties has been dismissed by the trial Court. He instituted the suit alleging that the suit schedule properties are the ancestral properties of the ownership of the deceased Shiddojirao Yeswantrao Parvatrao, who dies on 16th January 1942. He states that he is the dasiputra of the deceased Shiddoji Rao Yeswantarao and that defendant 1 is his (Siddojirao's) natural son. Thus the plaintiff and the defendant 1 are members of a Hindu joint family and, according to law, he (plaintiff) is entitled to one-fourth share in the suit schedule properties.

(2.) It is further alleged that the deceased Shiddoji Rao and defendant 1 executed a registered deed of maintenance in his favour and in pursuance thereof, he is in possession of some of the properties belonging to the family. Since the first defendant is alienating the properties belonging to the joint family, he does not desire to live in jointness with him and hence he has filed this suit for partition and possession of one-fourth share.

(3.) Defendants 2 to 24 are in possession of the joint family properties being alienees from defendant 1 and hence they have been made party-defendants.