LAXMIBAI Vs. ANJANABAI

JUDGEMENT

(1.) In this appeal, the challenge is raised to the judgment and decree dtd. 14/11/2017 passed by District Judge-13, Nagpur dismissing the Regular Civil Appeal No. 17 of 2014, arising out of judgment and decree passed by Civil Judge Junior Division, Ramtek in Regular Civil Suit No. 231 of 2001, decreeing the suit for partition and separate possession.

(2.) It is the case of the plaintiffs that the plaintiff Nos. 1 to 5 were driven out from the house by defendant No. 1 approximately prior to 13 to 14 years of filing of the suit and the defendant No. 1 had kept a mistress by name Smt. Mayabai (defendant No. 2) and is residing with her in the ancestral house at village Bori. It is the case of the plaintiffs that one Kawadu and Sakhrabai had a son Vitthal (defendant No. 1) and daughter Laxmibai (defendant No. 3/appellant). Shri Kawadu died prior to 20 years and Sakhrabai expired prior to 15 years of filing of the suit. Late Kawadu had left behind him suit properties i.e. two houses at Bori and field properties at village Ghoti, totally admeasuring 3.75 Hectares.

(3.) It is the further case of the plaintiffs that field Survey No. 134/1 is recorded in the name of defendant No. 1. However, it is in possession of the plaintiff No. 1, while field Survey No. 134/2 is recorded in the name of defendant No. 3 and she is in possession of the said suit field. Whereas, field Survey No. 23 is recorded in the name of defendant No. 2 and is jointly cultivated and enjoyed by defendant Nos. 1 and 2. After the demise of Kawadu, the suit field came to defendant Nos. 1 and 3 and Smt. Sakhrabai as his legal heirs. Upon the death of Sakhrabai the defendant Nos. 1 and 3 continued to be recorded as owners of the suit fields, jointly.