SHALINI SUMANT RAUT Vs. MILIND SUMANT RAUT

JUDGEMENT

(1.) This suit is filed for declaration that the plaintiffs and the defendants are coowners of the suit properties, for ascertaining of the share claimed by them, for partitioning the suit properties as per such shares and for possession of such partitioned share. Exhibit 'A' to the plaint shows 9 immovable and several movable properties belonging to the joint family of the parties which are sought to be partitioned. Exhibit 'B' to the plaint shows the family tree.

(2.) The parties claim through one Rajaram Balkrishna Raut (Rajaram) who died intestate on 23.11.1991 leaving behind 8 children and several grand children ancestral properties. The children and the grand children who are the children of the predeceased or the deceased children of Rajaram are the parties to the suit. The great grandchildren of the Rajaram are not sought to be made parties, though the suit properties are claimed to be ancestral properties of Rajaram.

(3.) The son and the grandson of plaintiff No.4 have sought to be made partydefendants to the suit. They claim that they are coparceners in the coparcenary property of the joint family which are the properties shown in the schedule Exhibit A to the plaint. They claim to be entitled to their share therein separately and individually from plaintiff No.4 who, they claim, is unable to manage his affairs and claim his share. They claim that the parties to the suit have taken advantage of the old age of their father/grandfather who resides alone which may adversely affect his share and consequently their shares. They have claimed their right by virtue of their birth in the suit properties which are claimed to be coparcenary properties. [See. Surjit Lal Chhabda Vs. Commissioner of Income Tax, Bombay, 1976 AIR(SC) 109] They claim to protect their interest in the joint family properties which are the suit properties.