DASHRATH Vs. KAMTAPRASAD

JUDGEMENT

(1.) The judgment and decree dated 31st December, 2013, decreeing the suit for partition and separate possession and injunction, passed by the 2nd Joint Civil Judge, Senior Division, Amravati in Special Suit No. 170 of 2010 and modified by the District Judge -3 at Amravati in Regular Civil Appeal No. 15 of 2014 vide judgment and decree dated 9th July, 2018 are under challenge in the present appeal.

(2.) The facts leading to the present appeal are that the respondent no.1 is the original plaintiff whereas the appellant was the original defendant no.1 and respondent nos. 2 to 9 are the original defendant nos. 2 to 9 respectively.

(3.) It is the case of the plaintiff that the father of the appellant and respondents Halkeprasad was having nine children out of which the defendant no.1 is the elder son and the plaintiff is the younger son. Halkeprasad was the Karta of the joint family and had started milk business during his life. Out of income of milk business, he had purchased field survey no. 89/1 and after the death of Halkeprasad the mother of the appellant and respondents continued the said milk business and out of the income from the said business she purchased field survey no. 87/1-A in her name. It is the further case of the plaintiff that after the death of mother in the year 1982, the defendant no.1 become karta of the joint family and since the plaintiff was denied his share in the joint family property, suit for partition and separate possession was filed.