BHANUDAS YESHWANT NAGAWADE Vs. DHONDIBA @ BHIMRAO BHANUDAS NAGAWADE

JUDGEMENT

(1.) The appeal is filed against judgment and decree of Regular Civil Appeal No.5 of 1987 which was pending in the District Court Ahmednagar. The First Appellate Court has dismissed the appeal filed by the present appellant against the judgment and decree of Regular Civil Suit No.68 of 1976 which was pending in the Court of the Civil Judge, Junior Division, Jamkhed. Decree of partition and possession is given in favour of respondent No.1. Both the sides are heard.

(2.) The suit was filed by respondent No.1 in respect of seven agricultural lands and two house properties. It is the case of the plaintiff that the suit property was the ancestral property of his predecessor Yeshwant Nagawade. It is contended that defendant No.2 Chandrabhaga is widow of Yeshwant. It is contended that Yeshwant left behind other heirs like a son by name Bhanudas (defendant No.1) and a daughter by name Prayagbai (defendant No.5). It is the case of the plaintiff that he is son of defendant No.1 and defendant No.3. It is contended that defendant No.3 is the first wife of defendant No.1 and defendant No.4 is second wife of defendant No.1.

(3.) It is the case of the plaintiff that in April 1976 he demanded partition from defendant No.1 as he had some dispute with defendant No.1. It is contended that defendant No.1 refused to effect partition and so plaintiff was required to file suit for partition. He has contended that he has two Anna four Paisa share in the suit properties.