DESIGNERS CO OP HOUSING SOCIETY AHMEDNAGAR Vs. UDHAV

JUDGEMENT

(1.) By both these appeals, the judgment and decree in RCS No.271/1976 and RCA No.212/1986 of the Additional District Judge, Ahmednagar. are impugned by Designers Co-operative Housing Society in S.A. No.280/ 1994, while S.A. No.527/1994 is by Chandrakant.

(2.) The plaintiff Udhav sought partition and separate possession of suit property against his father, mother, brother and the purchaser of the property. The plaintiff canvassed, the defendant nos.l to 4, in collusion, sold one acre of land in survey No.6/ 2 to defendant No.5 (Proposed co-operative Housing society) without any legal necessity or any reason, for an amount of Rs.34,000/-. This sale was particularly inspite of an objection raised by the plaintiff in response to the public notice dt.7.10.1975, by reply dt.21.10.1975 to proposed purchaser. Still, the defendant no. 1 executed sale deed of 1 acre land of northern side from survey No.6/2 on 17th Feb., 1976 and defendant no.5 got its possession.

(3.) The defendants accepted, the suit property was joint family property. Defendant No. 1 (the father) was Karta (Manager) of the family. Plaintiff started residing separately due to family quarrels. It was defendant nos.2 and 3 who maintained the families. They virtually did not dispute the jointness of the family. Defendants No. 1 to 4 have never denied share of the plaintiffs. According to the defendants, defendant no. 1 sold the land to defendant no.5 for legal necessity and benefit of the estate. It was necessary to repair house no.2553 on which father spent Rs.25,000/-. From the sale proceeds an amount of Rs.6,500/- was paid by the defendant no.l to defendant no.4 (the mother). This amount was invested by the plaintiff in the name of mother in a Nationalized Bank. -