NANDKISHORE SHAMRAO DAPHE Vs. LAXMIBAI ALIAS LALCHAND WAZIR

JUDGEMENT

(1.) This is an appeal by original defendants nos.l to 3 against whom a decree for declaration and injunction has been passed. The parties shall hereinafter be referred to as the plaintiffs and the defendants.

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

(3.) Defendant nos.l to 3 filed their written-statement. They admitted that they have purchased the suit property from defendant no.4. According to them, the suit land had fallen to the share of defendant no.4 in a partition between defendant no.4 and Laxmibai - wife of plaintiff no. 1. They submit that since the land had fallen to the share of defendant no.4 in partition on 21/4/1972 under a registered partition-deed, Kesharbai was the exclusive owner and she had every right to sell the property.