RAMRAO NILKANTHRAO PATIL Vs. DHONDAJI @ RAMESH

JUDGEMENT

(1.) The appeal is filed against judgment and decree of Regular Civil Appeal No. 239/1982 which was pending in the Court of 3rd Additional District Judge, Nanded. The judgment and decree of Regular Civil Suit No. 150/1979 filed by the present appellant for relief of partition and possession was partly decreed by the Trial Court, the Court from Degloor, and this decision is confirmed by the District Court in First Appeal. Both the sides are heard.

(2.) The suit was filed in respect of agricultural lands situated at village Aloor, Tahsil Degloor, District Nanded. The plaintiff/appellant had claimed 7/18th share in all the agricultural lands. The relief is given to the plaintiff in respect of few suit properties, but the Courts below have held that lands Gat Nos. 630, 643 and 96 belonge to defendant No. 5 and she is the absolute owner of these three lands. The Courts below have given 1/3rd share to the plaintiff in remaining lands. The decision only in respect of aforesaid three lands is challenged by the plaintiff.

(3.) The suit was filed by appellant through his maternal uncle and the maternal uncle represented as next friend. Defendant No. 6 - Saraswatibai is the mother of plaintiff. Defendant No. 5 - Anusayabai is the step-mother of plaintiff. Nilkanthrao, father of plaintiff, had married two wives. Anusayabai is first wife and as Nilkanthrao had no son from Anusayabai, he married with defendant No. 6. Defendant No. 4 is daughter of defendant No. 5. Defendant No. 1 is a son of defendant No. 6 and defendant Nos. 2 and 3 are daughters of defendant No. 6.