BHANUDAS MAROTI HUJDAR Vs. BABURAO MAROTI HUJDAR

JUDGEMENT

(1.) This is a Second Appeal filed by the appellant (original defendant) challenging the judgment and order, rendered by the learned Additional District Judge, Jalgaon in Regular Civil Appeal No. 152 of 1983 on 31.8.1990, and also assailing the judgment and decree passed by the learned Joint Civil Judge, Junior Division, Jalgaon in Regular Civil Suit No. 292 of 1980 on 3.11.1982, thereby decreeing the said suit in favour of the plaintiff. Accordingly, there are concurrent findings against the appellant herein. The parties are hereinafter referred as per their original status as the plaintiff and the defendant .

(2.) Jalgaon belonged to the uncle of the plaintiff and the defendant, namely Rama. A portion of the said house was sold by Rama to one Babu Krishna Katkar and the remaining portion of the said house was gifted to his wife Laxmibai. Rama and Laxmibai died issueless. Therefore, the plaintiff and the defendant survived the suit property, and hence, in the suit filed by him, the plaintiff claimed 1/3rd share and to be in possession of the suit property. It is also the case of the plaintiff that on 18.12.1961, a partition took place between the plaintiff and the defendant and each of them got possession of their respective shares. The said partition was effected by placing kud in their respective portion to indicate their shares. It is alleged by the plaintiff that about two months prior to filing of the suit, the defendant dismantled the kud and took possession of excess portion of the said house and trespassed over that portion illegally and the defendant caused damage to the plaintiff to the extent of Rs.10/per month.

(3.) Hence, the plaintiff served notice dated 10.6.1980 to the defendant, and thereafter filed the suit for possession of 1/3rd share in the above referred suit property, and also claimed damages and costs of the said suit.