GULABRAO MARUTI BHAGAT Vs. BHAGWAN NANA BHAGAT

JUDGEMENT

(1.) THE present Second Appeal arises out of a suit for partition. Before setting out the facts in so far as they are material, it would be necessary to formulate the substantial questions of law which arise for consideration in this appeal under section 100 of the Code of Civil Procedure, 1908:

(2.) THE dispute in the present case arises out of a suit for partition and separate possession filed by the appellant in respect of a 1/3rd share in property which was asserted to belong to a Hindu Undivided Family. The property consists of agricultural land bearing Survey No. 131, 134, 97 and 96 situated at village Shirsuphal, Taluka Baramati in the District of Pune. The genealogy which would be necessary for an appreciation of the facts of the present case is as follows : aruti died on 27-4-1945

(3.) FROM the genealogy, it is thus apparent that the common ancestor Maruti had five sons, of whom the appellant, the original plaintiff Gulab, is the fifth son. Maruti died on 27th April, 1945. Bajirao and Rama, two of the other sons of Maruti had expired in 1943 and 1945, without leaving behind any issues. The eldest son Nana expired in 1946 leaving behind him two sons, the original first and second defendants, who are contesting respondents in these proceedings. Gopala, the second son of Maruti died in 1974 and his three sons, original defendants No 3, 4 and 5 have supported the claim of the appellant herein.