IN RE Vs. RAMDAS KHANDU ARINGALE

JUDGEMENT

(1.) THIS appeal by the Defendants is against the decree for partition of the property claimed by the Plaintiffs as joint family property. The learned Civil Judge, Senior Division, Nasik. in special Civil Suit No. 163 of 1972 made the decree for partition. The appellants contend that the two properties bearing Survey Nos. 22/a-1 and 22/a2 which are listed at Sr. No. 3 in paragraph 1 (B) of the plaint are self-acquired properties of the Defendants and cannot be partitioned.

(2.) ONE Bhagoji was the ancestor of the parties. He owned lands set out in Paragraph 1 of the plaint which included Survey Nos. 173/1-A and 173/1-B. Bhagoji who died on 26th May, 1946 was survived by his widow Manjulabai and three sons viz. Khandu, Shrihari and Vithal. The Appellants represent the Branch of Khandu. According to the Respondents, survey Nos. 173/1-A and 1731-B which belonged to the joint family were acquired in 1960-61 for a compensation of Rs. 7,000/ -. The lands bearing survey Nos. 22/a-1 and 22/a-2 were acquired by this amount and, therefore, belong to joint family. The Appellants dispute this claim.

(3.) FOR all these reasons, we partly allow the appeal. The decree of the trial Court is hereby modified be excluding Survey Nos. 22/a-1 and 22/a-2 from the decree of partition. No order as to costs.