JAGANNATH RANGNATH CHAVAN Vs. SUMAN SAHEBRAO GHAWTE

JUDGEMENT

(1.) Being aggrieved by the judgment and decree dated 2nd January, 1989 passed by learned District Judge, Ahmednagar in Regular Civil Appeal No. 6/1984 by which the decree of dismissal of Regular Civil Suit No. 17/1983 dated 30.11.1983 passed by the learned Civil Judge, Junior Division, Newasa was reversed and the lower Appellate Court passed the decree for partition and separate possession, the original defendant no.1, the appellant herein, had filed the instant Second Appeal in this Court.

(2.) Nana had three children the only son by name Tukaram and two daughtersSuman (Plaintiff No.1) and Shanti @ Vimal (Plaintiff No.2). The two daughters had filed Regular Civil Suit No.17/1983 against the present appellant, who was defendant no.1 and another defendant, challenging the sale deed dated 28.3.1968 executed by their brother Tukaram in favour of the present appellant/defendant no.1 and, in the alternative, for partition and separate possession. Nana had died on 19.07.1967. The plaintiff no.1Suman was already married and had gone to reside with her husband at her matrimonial place; whereas plaintiff no.2 Shanti @ Vimal was minor, who resided with Tukaram. Apart from other essential rites and rituals to be performed due to the death of Nana, Tukaram had, on his shoulder, the liability of marrying plaintiff no.2 Shanti @ Vimal since there was no other male member in the family except him. Initially Tukaram by conditional sale deed for a period of five years sold 1/3rd of the suit land on 29.12.1967 for a consideration of Rs. 15,000/ in favour of original defendant no.2 Janardhan Chavan. Thereafter, he sold the suit land on 28.3.1968 for Rs. 6,000/ to defendant no.1 after it was repurchased by him. As there was no other source of livelihood/ income to Tukaram, he applied the sale proceeds for performing rituals, maintenance of the family and for performing marriage of Shanti @ Vimal (Plaintiff No.2). Tukaram died on 03.12.1971. After his death, both the sisters had filed the above referred Suit on 29.9.1973.

(3.) In support of the Appeal, Mr.V.D. Hon, learned counsel for the appellant made the following submissions :