PRADEEP VISHWASRAO GAWANDE Vs. VISHWASRAO RAMCHANDRA GAWANDE

JUDGEMENT

(1.) Heard the learned Counsel for the respective parties.

(2.) At the hearing of this appeal, my attention has been invited to specific case pleaded by the Original defendant that he had shared and participated in purchasing various properties and that all the properties including the house in dispute are the joint family property and thus, it is contended that the plaintiff is not exclusive owner of the property in dispute. Despite specific contention and case of the defendant, learned Counsel for the appellant has submitted that, the learned trial Judge, in para 17, while disposing of Special Civil Suit No.43 of 2003, made observations as follows :

(3.) According to the learned Counsel for the appellant, this was quite contrary to the contentions pleaded in para 9 of the Written Statement. Furthermore, the first Appellate Court also in the impugned judgment, in para 12 recorded its finding that the appellant in his Written Statement has not stated a single word about payment of this cash to his father. In substance, it appears that it was a specific case of the defendant that he had shared and participated in purchasing various properties including the suit house. Therefore, according to him, it is a joint family property.