DINKAR RAJANNA VANGGA Vs. NARSAMMABAI RAJANNA VANGGA

JUDGEMENT

(1.) Appellants/original defendant Nos. 1 and 2 have filed this Second Appeal aggrieved by the common judgment and order dated 03/04/2018 passed by the District Judge-1, Ahmednagar in Regular Civil Appeal No. 335 of 2012 and Regular Civil Appeal No. 336 of 2012 both filed by them aggrieved by the judgment and decree dated 19/03/2008 passed by the 2nd Joint Civil Judge, Senior Division, Ahmednagar in the Special Civil Suit No. 03 of 2006 filed by the respondent Nos. 1 to 4/ original plaintiff Nos. 1 to 4 against the appellants and respondent Nos. 5 to 7/ original defendant Nos. 3 to 5 and dismissal of their counter-claim by the said judgment and order dated 19/03/2008. The parties are hereinafter referred to by their position in the trial Court in the suit.

(2.) One Rajanna Vangga who died on 17/01/1995 was husband of the plaintiff No. 1. Plaintiff Nos. 2, 3 and 4 and defendant Nos. 1 and 2 are daughters and sons of the plaintiff No. 1 and said Rajanna Vangga. Defendant Nos. 3 to 5 are the tenants in the suit properties.

(3.) The plaintiffs filed suit for partition and separate possession of their 1/6th shares in the City Survey Nos. 47, 59, 548, 541/1, 541/2, 525/C and 525/D situated within the limits of Municipal Corporation, Ahmednagar described in plaint paragraph No.1, hereinafter referred to as the suit properties against the defendants and other ancillary reliefs, on 14th December, 2005. Case of the plaintiffs before the trial Court was that the suit properties are Hindu Joint Family properties of the plaintiffs and the defendant Nos. 1 and 2. There is no partition of the suit properties by metes and bounds. The suit properties City Survey No. 525/C and 525/D were in the name of the plaintiff No. 1. The defendant Nos. 1 and 2 compelled her to sell these two properties to purchase the suit properties CTS Nos. 541/1 and 541/2. Thus, according to plaintiffs from the consideration of the suit properties City Survey Nos. 525/C and 525/D the suit properties City Survey Nos. 541/1 and 541/2 were purchased in the name of the defendant No. 1. But as they are purchased from the money of Hindu Joint Family and consideration of the above said properties they are joint family properties.