LAWS(BOM)-2010-4-25

KAUSABAI ALIAS RAJARAM WARADKAR Vs. GAYABAI GUNDAJI MOGRE

Decided On April 13, 2010
KAUSABAI WD/O RAJARAM WARADKAR Appellant
V/S
GAYABAI WD/O GUNDAJI MOGRE Respondents

JUDGEMENT

(1.) This is a second appeal by original defendant No. 1. The par-ties shall hereinafter be referred to as the plaintiff and the defendants.

(2.) The facts giving rise to the appeal are as follows

(3.) Defendant Nos. 1 and 2 filed a joint written statement in the suit. According to the defendants, the suit property was selfacquired property of defendant No. 2 and plaintiffs had no concern with the same. It is contended that defendant No. 2 had started the grocery business and had even started a branch at Thembhurda. House, according to him, was constructed in 1967 itself and he was paying the taxes. The defendants fur-ther contend that there was never any joint family, much less a Hindu joint family. The joint family funds were not used for the con-struction of the house or plot and the plain-tiffs have no share whatsoever in the suit property.