KRISHNA GUNAJI DEOGHRE Vs. GJANAN VITHAL DEOGHARE

JUDGEMENT

(1.) THIS second appeal arises out of the judgment and order passed by IIIrd extra Assistant Judge, Nagpur, in Regular civil Appeal No. 267 of 1977, whereby he partly allowed the appeal that was preferred by the original plaintiffs against the judgment and order passed by the Joint Civil Judge, junior Division, Nagpur, dismissing their regular Civil Suit No. 182 of 1973.

(2.) IN this case, it would be worthwhile to go through first the genealogy of the parties. The plaintiffs and defendants belong to the same family. Their common ancestor was one Madhao Deoghare, who had seven sons, namely (1) Gundaji, (2)Ramchandra, (3) Gunaji, (4) Pundlik, (5)Narayan, (6) Laxman and (7) Japardan. Madhao Deoghare left behind him two houses, i. e. House No. 102 and House No. 90. In 1929, there was a first family partition. House No. 102 fell to the share of two brothers, namely Laxman and Janardan. House No. 90 fell to the share of five brothers, namely Gundaji, Ramchandra, Gunaji, pundlik and Narayan. The second partition took place between these five brothers and house No. 90 was divided. The houses were re-numbered as 155 to 159. House No. 155 fell to the share of Gundaji. House No. 156 fell to the share of Gunaji and House No. 157 fell to the share of Ramchandra. House no. 158 was allotted to the share of Narayan and House No. 159 was allotted to the share of Pundlik, with which we are not concerned in this case. We are concerned with Houses nos. 155, 156 and 157 and the branches of gundaji, Gunaji and Ramchandra only.

(3.) GUNDAJI died leaving behind him four sons, who were the original defendants No. 11 to 14 (11-Govinda, 12-Vithhal, 13-Shrawan and 14-Jagannath ). They were subsequently transposed as plaintiffs no. 11 to 14 in Regular Civil Suit no. 182 of 1913. The original plaintiffs no. 1 to 10 are the sons of transposed plaintiffs no. 11 to 14. Plaintiffs No. 12 (i) Smt. Mainabai and No. l2 (ii) Vimal are the L. Rs. of plaintiff No. 12 Vithhal. The original defendants no. 1 to 10 belong to the branches of Gunaji and Ramchandra. Defendant no. l is the son and defendants no. 2 to 6 are the daughters of Gunaji and defendants no. 7 to 10 are the heirs of Ramchandra.