MAHADEO Vs. PARWATABAI

JUDGEMENT

(1.) The appeal has been admitted on the following substantial question of law.

(2.) The appellant is original plaintiff. Respondent no.1 (since deceased and now represented by legal representatives) was original defendant no.1. Name of respondent no.2-original defendant no.2 has been deleted. Respondent no.1 and his legal representatives will be hereinafter referred to as "defendant no.1" and respondent no.2 as "defendant no.2".

(3.) The plaintiff has filed a suit bearing Regular Civil Suit No.18/1993 for primary relief of possession. According to the plaintiff, his grandfather Krishna and father Shivram, have jointly purchased the suit property, bearing survey nos. 35, 129 and 130, situated at village Chiradevi. Shivram died in the year 1951 and prior thereto, his father Krishna expired. It is the case of the plaintiff that he became the sole owner of the property being the only male member in the family.