NANDKISHOR Vs. SHANKARRAO

JUDGEMENT

(1.) Heard learned Counsel for the appellant. None present for the respondents since long.

(2.) This Court vide order dtd. 03/10/2008 framed following substantial question of law:-

(3.) Being aggrieved by the judgment and decree passed by Adhoc District Judge, Nagpur in Regular Civil Appeal No. 227/2004 dtd. 19/12/2006, present appeal is filed by the appellant-original defendant no.1. Respondent No.1 has filed a suit against appellant and the other respondents on the ground that the suit property is an ancestral property and is having 1/4th share in the house property. The appellant herein and respondent Nos. 2 to 5 have filed their written statements and resisted the claim. It is pointed out that the respondent no.1 is having only 1/5th share in the house property and the remaining respondents have relinquished their right in favour of the appellant, therefore appellant is owner of remaining portion of the suit property. The learned Trial Court decided the suit and granted 1/3rd share in the house bearing Municipal Corporation house No. 173 as well as Nazul plot bearing No. 122. The learned Lower Court also granted 1/5th share in the share of deceased father in house bearing No.173 and 1/4th share out of Nazul plot bearing No. 122. Accordingly decree was passed. The appellant was also directed to pay Rs.8,380.00 along with interest @ of 12% per annum and respondent 2 and 3 were directed to pay Rs.8,000.00.