SMT. KUNDA AND ORS. Vs. HARIBHAU

JUDGEMENT

(1.) THIS appeal is filed by the appellant (original plaintiff) against the judgment and order dated 09.04.2008 passed by Ad -hoc District Judge -1, Nagpur in Regular Civil Appeal No. 389 of 2004 which was dismissed. The said appeal arose from the judgment and order dated 12.12.2000 passed by the Civil Judge, J.D. Nagpur District Nagpur in Regular Civil Suit No. 109 of 1995. The suit was decreed along with mesne profits and costs.

(2.) NARAYAN Supare had three sons Hussia, Bisan and Mahadev. The family owned ancestral property at village Ibrahimpur, Chanoda and Hiwara with House property at Chanoda. Field at Chanoda was acquired for construction of Dam and compensation was paid. The dispute is in respect of the agricultural land Gat no. 103 situated at village Nandra. According to the appellants, the suit property was purchased on 14.05.1982 under the registered sale deed in the name of Mahadev Supare (predecessor -in -title on behalf of the plaintiffs) from Kavadu Tanba Bhat. The defendant was aged about 9 years at that time. The suit property was cultivated by the respondents. The respondents failed to give share of the respondents after death of Mahadev Supare in the year 1992. The appellants had filed the suit for the relief of partition and mesne profits.

(3.) FIRST appellate court reversed the decreed and allowed the appeal.