FARIDSAHEB HUSSENSAHEB SHARIKMASLAT Vs. AHMEDSAHEB HUSSENSAHEB SHARIKMASLAT

JUDGEMENT

(1.) The Second Appeal has been preferred against the Judgment dated 1st December, 1982, delivered by the Civil Judge, Junior Division, Miraj, in Regular Civil Suit No.223 of 1978, which has been confirmed by the Judgment delivered in December, 1989, by the Additional District Judge, Sangli, in Regular Civil Appeal No.89 of 1983.

(2.) The respondent, who was the plaintiff before the trial Court, filed a Suit for possession in 1978 against his brother, the defendant. He contended that their father had gifted the suit property to him on 14th March, 1961 and had on the same day delivered possession of the suit property to him. It was further contended that the defendant forcibly obtained possession of the suit property. The plaintiff also contended that contemporaneously his father had executed a Deed by which the property was transferred to him. He styled this document as a Deed of Partition.

(3.) The defendant opposed the Suit by contending that their father could not have partitioned the property during his life time. He further denied the gift and pleaded that he was the co-owner of the suit property being a legal heir of their deceased father, Hussainsaheb. He contended that he and the plaintiff were entitled to an equal share in the suit property. He also pleaded that he had been residing in the suit property for 20 years prior to the filing of the Suit and that he had not forcibly entered into the suit property.