GANGABAI Vs. JANABAI W/O SOMAJI PATIL

JUDGEMENT

(1.) This is an appeal directed against the judgment and decree dated 24/1/1995 passed by Additional District Judge, Nagpur in Regular Civil Appeal No. 107/1990 thereby conforming the judgment and decree dated 21/2/1990 passed by Civil Judge Junior Division, Saoner in Regular Civil Suit No. 58/1986 thereby suit filed by the plaintiff respondent herein for declaration and delivery of possession of the suit land came to be decreed.

(2.) One Eknath who is the original owner of the agricultural land area 0.67 H. R. and the house No. 38 situated at Bramhani, Tq. Kalmeshwar, Distt. Nagpur (for short "suit property") which is the subject matter of instant appeal who died in the year 1953 leaving behind him a widow Salubai and two daughters namely Chindhabai original plaintiff and Gangabai original defendant. Salubai mother of the plaintiff and defendant died in the year 1983. Before her death, on 19th October 1982 she executed the sale deed of the suit properties in favour of the plaintiff.

(3.) Defendant resisted the suit. Her case was that during life time and in the year 1982 Salubai mutually partitioned the suit properties and placed the plaintiff and defendant in possession of their respective shares.