LAWS(BOM)-2022-6-71

TRYAMBAK NAMDEV MALI Vs. JIJABAI BHATU SONAR

Decided On June 14, 2022
Tryambak Namdev Mali Appellant
V/S
Jijabai Bhatu Sonar Respondents

JUDGEMENT

(1.) Heard. Rule. The Rule is made returnable forthwith. With the consent of both the sides, the matter is heard finally at the stage of admission.

(2.) The facts leading to the filing of the writ petition are as under :

(3.) The learned advocate Mr. Bhandari for the petitioners vehemently submitted that Bhatu during his life time had effected a partition of all the properties on 16/5/1983 evidenced by mutation entry No. 707 wherein he had allotted land Gat No. 14/1 to his mother Dhanubai, land Gat No. 14/2 and land Gat No. 163/2 to his wife respondent No. 1- Jijabai and had retained land Gat No. 163/1 to himself which after such partition he had sold to Namdeo and delivered its possession under the sale-deed by accepting a valid consideration. Since he was the sole surviving coparcener he had not only the right to effect partition but even had a right to sell a joint family property. Even the trial court while deciding Regular Civil Suit No. 19/1990 had recognized his such right in paragraph No. 12. He would submit that even otherwise, even if it is held that it was not a partition but merely a family arrangement, at the most the sale of land Gat No. 163/1 would not be binding on the respondents but would be binding on Bhatu.