JAIBAI Vs. GANGUBAI BHANUDAS SAKHARE

JUDGEMENT

(1.) The original plaintiffs and original defendants No.1 and 2 have impugned the same Judgment and Decree of the learned IIIrd Additional District Judge, Beed, passed in Regular Civil Appeal No. 20 of 1986 dtd. 5/9/1992.

(2.) The parties to the appeal would be referred to as per their original status in the suit.

(3.) The plaintiffs had filed a suit for partition and separate possession. Rangnath was the owner of suit lands. He died on 30/31/03/1961. The plaintiff, No.1 Jaibai, claimed that she married Rangnath and the plaintiff, no.2 Rajaram, was his posthumous son. The defendant, Gangubai, was the daughter of Ranganath. He had another wife, Laxmibai. She was defendant No.1 in the suit. When the suit was filed, she was dead. Hence, her name was deleted from the plaint. After the death of Rangnath, her stepson Bajirao was the Karta of the family. They were the members of the joint family. After the death of Bajirao, the plaintiffs could not pull on with his sons. Hence, they started residing separately. The plaintiffs had claimed a 12/25th share in the suit properties.