JAMUNABAI Vs. DAMODAR

JUDGEMENT

(1.) This regular second appeal is filed by the defendant No.7 against the concurrent findings recorded by the Courts below on 10.11.2008 in O.S. No.203/1991 on the file of Addl. Civil Judge (Jr.Dn) at Bidar, filed for the partition and separate possession and also for the relief of the declaration in respect of the suit schedule property, which was confirmed by the judgment and decree dated 21.04.2012 passed in R.A. No. 50/2008 on the file of Prl. Senior Civil Judge at Bidar.

(2.) The brief facts leading to the case are: The plaintiff, who instituted the suit, died during the pendency of the suit. Thereafter legal representatives of plaintiff were brought on record. The deceased-plaintiff and defendant Nos.1 to 3 are the brothers, defendant Nos.4 to 6 are their sisters and defendant No.7 is a purchaser of the suit schedule property from defendant No.1.

(3.) Plaintiff'S suit was decreed by declaring that the plaintiff and defendants No.4 to 6 are entitled to 1/7th share each in the suit schedule property bearing No.3-2-44 within the boundaries mentioned in the plaint. The sale deed dated 26.06.1992 executed by defendant No.1 in favour of defendant No.7 has no binding on the plaintiff and defendant Nos.4 to 6. It is the case of the appellant-defendant No.7 before the trial Court that she was the bonafide purchaser of the suit schedule property from defendant No.1 and she has been in possession of the said property. She has also taken a defence as heir in the family property by way of arrangement that taken place 25 years ago and acted upon. Since she has been put in possession, if she was disturbed at this stage, it will cause hardship to her.