VITHAL Vs. SHANTABAI

JUDGEMENT

(1.) Mr. Vithal, the appellant (defendant No.1) is aggrieved by the judgment and decree dated 09.02.2016, passed by the Principal Senior Civil Judge, Vijaypur, whereby the learned Judge has decreed the suit for partition in favour of the respondent-plaintiff Nos.1 to 3 and has directed the partition and separate possession of their 1/4th share each in the suit properties.

(2.) Briefly the facts of the case are that the respondent-plaintiff No.1, Shantabai claimed that the appellant-defendant No.1 was her lawfully wedded husband. According to her, during their marriage, they were blessed with two sons, namely respondent Nos.2 and 3. Moreover, according to her, her husband, the appellant, had inherited the suit properties, namely Sy. No.530/2 measuring 6 acres 20 guntas and Sy. No.539 measuring 7 acres 20 guntas located in Arakeri village as per the share of his family property, which fell into his share after his family properties were partitioned. Moreover, according to the respondent No.1, during their married life, the appellant had become addicted to bad vices, and started raising loans from the Co4 operative banks on the said property. Therefore, in order to protect her own interest, and the interest of the children, she was constrained to file the suit for partition and separate possession of their legitimate 3/4th share in the suit properties.

(3.) The appellant, as defendant No.1, submitted his written statement and denied the averments made in the plaint. More specifically, he denied any relationship with the respondent No.1. According to him, respondent No.1 was not his wife and respondent Nos.2 and 3 were not his children. According to him respondent No.4, Smt. Swamavva, is his legal wife. He, thus, claimed that the suit should be dismissed.