MARUTI JANU MHASKAR Vs. MUKTABAI SURYAKANT BHOIR

JUDGEMENT

(1.) This second Appeal is filed by legal heirs of Original Defendant No.1, challenging the concurrent findings recorded by Civil Judge Junior Division, Ulhasnagar and as confirmed by District Court, Kalyan. Respondent no.1 in this second appeal is the Original Plaintiff being the sister of Original Defendant no.1 to 4, who had filed Regular Civil Suit No.258 of 1991, in the Court of Civil Judge Junior Division, Ulhasnagar praying for declaration that she has 1/5 share in the properties of her deceased father Janu, and for possession of the said 1/5 share of her's, and further for a declaration that her brother Maruti (Defendant No.1) and brother Gannupath (Defendant No.2), and her two sisters Gulab (Defendant No.3) and Hirabai (Defendant No.4), also have 1/5 share, in each of the properties of their father.

(2.) For the sake of brevity, parties are referred as per their original nomenclature in the Trial Court. It was the case of the plaintiff (who is the sister of Defendant) in her suit for partition, that her father died somewhere in the year 1959. And subsequently, thereto even her mother died in the year 1982. The said suit being R.C.S. No. 258/1991, filed by Plaintiff was decreed and the plaintiff was granted 1/5 share in suit property. An Appeal preferred by Original Defendant No.1 along with his wife (Defendant No.5) was dismissed. Hence, the present Second Appeal is filed, by Defendant No.1 (who is the brother of Plaintiff), challenging concurrent findings.

(3.) The present second appeal has been 'Admitted' by an Order dtd. 17/8/2012 and two Questions of Law were framed;