KESHAO RAGHUNATH DEOSANT Vs. WAMAN KESHAO DEOSANI

JUDGEMENT

(1.) THIS is an appeal against the appellate judgment dated 27th March 1962 of the learned District Judge, Bhandara.

(2.) THE plaintiff filed the suit, from which this appeal arises, in the Court of the learned Civil Judge, Senior Division, Bhandara for partition and separate possession of his 1/6th share in the joint Hindu family properties described in Schedules A to E attached to the plaint. Defendant No. 1 is the father of the plaintiff. Defendant No. 2 is the second wife of the defendant No. 1 and is the step-mother of the plaintiff. The plaintiff is the son of defendant No. 1 from his first wife. Defendants 3 and 4 are the sons of the defendant No. 1 from the defendant No. 2. Defendant No. 5 is the son of defendant No. 1 from his first wife and is the full brother of the plaintiff.

(3.) DURING the pendency of the suit, the parties arrived at an agreement inter alia to the effect that the properties shown in Schedules A, B and C be divided into 6 shares. Accordingly, on 30th January 1960 a decree in terms of the compromise was passed. The matter was thereafter referred to a Commissioner who in due course made a report effecting partition. While the plaintiff and defendant No. 5 accepted the report of the Commissioner the defendants 1 to 4, who are present appellants, objected to the said report. The grounds of objections were inter alia that the civil court could not partition agricultural lands and that the partition was Unfair and unequitable.