SOU. PARVATIBAI Vs. BABURAO GANU KANADE

JUDGEMENT

(1.) The Regular Civil Suit No.85 of 1979 filed by the Appellant - original Plaintiff for partition and separate possession of half share in the suit property was dismissed by the trial Court by its judgment and order dated 2nd May 1987. The Regular Civil Appeal No.155 of 1987 filed by the Plaintiff was partly allowed on 22nd July 1991 by the learned Additional District Judge, Kolhapur declaring that the Appellant-Plaintiff is having 1/2 share in the suit property at serial No.1(A), namely Block No. 795 and the Collector is directed to effect partition. The Defendant does not challenge the decree passed by the appellate Court but it is the Plaintiff who has come before this Court in the second appeal.

(2.) One Santu, common ancestor had three sons Vithu, Ganu and Hari and the suit property was a coparcenery property in the hands of these coparceners. It is the case of the Plaintiff as well as the Defendants that Dattu, son of Vithu had separated himself by taking away his share. Ganu died and was survived by his son Babu, the Defendant No. 1. The coparcenery then consisted of Hari and his nepehw, Babu. On 29th March 1954 Hari executed a registered gift-deed at Exhibit-119 in respect of his share of 5-anna and 4-paisa in the suit property in favour of Babu, his nephew, Defendant No. 1.

(3.) The Appellant-Plaintiff Parvati is the daughter of Hari and she filed Regular Civil Suit No.85 of 1979 on 31st March 1980 claiming half share in the suit property being the legal heir of Hari. Both the Courts below have recorded the finding of fact that the Defendant No.1 Babu has proved giftdeed dated 29th March 1954 executed by Hari, which is at Exhibit-119 and the Plaintiff was not entitled to any share in the suit properties. The appellate Court has held that the giftdeed at Exhibit-119 does not include the property at serial No. 1(A), namely, Block No. 795 and hence the Plaintiff is held entitled to 1/2 share in that suit property.