BHARAT DEORAO PAWAR Vs. SHANTABAI ASHOK PAWAR

JUDGEMENT

(1.) These appeals are filed under Sec. 100 of the Code of Civil Procedure against judgments and decree passed in R.C.S. No. 57/2015 dtd. 22/4/2019 and judgment in R.C.A. No. 155/2019 dtd. 21/10/2022 as well as judgment in R.C.S. No. 215/2012 dtd. 24/4/2019 which was confirmed in R.C.A. No. 153/2016 by judgment dtd. 21/10/2022. For the convenience, parties are referred by their names.

(2.) Bharat filed suit being R.C.S. No. 215/2012 seeking injunction against Savita, Dipali and Shantabai restraining them from interfering into his possession over the suit property being Gut No. 61 admeasuring 2H 82R. Bharat is brother-in-law of Shantabai and paternal uncle of Dipali and Savita. It is the case of the Bharat that the suit property is ancestral property of himself and his real brother deceased Ashok, who died n 18/5/1998. Shantabai is wife of Ashok and Savita and Dipali are their daughters. It is claimed by Bharat that after death of Ashok, suit property was mutated in the name of Bharat and Shantabai to the extent of their half share. It is further claimed that the entire property was in possession of the Bharat. According to him, since the Shantabai was in need of money for maintaining her daughters and also for their marriage, she sold her share in the suit property i.e., 1H 41R land to Bharat and possession was also given at the same time. Bharat on the basis of sale deed claims that he is in possession of entire property as owner. As Shantabai and others threatened him to obstruct his possession, suit came to be filed by Bharat.

(3.) Shantabai filed written statement and accepted the relationship between them and also about effecting mutation entry bearing no. 1036 after death of Ashok. It is claimed that she was jointly cultivating the suit land with Bharat. It is specifically averred that till January, 2012, she was staying with Bharat and the expenses of marriage and maintenance of daughters was borne by her father. It is alleged that on the pretext of partition of the suit property, she was taken to the Sub-Registrar's office and her signature was obtained on the document. As she had trust and confident in Bharat, without knowing the contents of the same, she signed it.