CHANDRABAI Vs. VENKATRAO TULSHIRAM SAMINDRACHE

JUDGEMENT

(1.) This second appeal challenges the judgment and decree dated 29th December, 1989 passed by the learned Additional Sessions Judge, Nanded in Regular Civil Appeal No. 3358 of 1983. By this judgment, the learned District Judge had set aside the decree for partition passed by the trial Court.

(2.) Fact leading to the present litigation are as under:

(3.) There was dispute between Venkatram and Sangram about the nature of transaction. On one hand, Sangram asserted that the transaction was mortgage and Venktram asserted that it was out an out sale. It is further admitted fact that Sangram and Venkatram have litigation on mortgage. During the pendency of that suit, Sangram died and his widow and minor daughters were made parties. Significant note is, Chandrabai was not made party to the suit. The suit ended in compromise. Sangram's widow for herself and her minor daughters gave up right to the suit property in favour of Venkatram. It is thereafter, the present litigation started in 1982.