MANJULA BAI TULSHIRAM PITARE Vs. SUKHDEO BHANU KUTHE

JUDGEMENT

(1.) The appellant herein was the original defendant before the learned Civil judge, Junior Division, Sakoli, who had dismissed regular Civil Suit No. 443 of 1988 filed by the respondent/plaintiff against her. The respondent appealed and the appeal came to be allowed by the learned Additional district Judge, Bhandara. Aggrieved thereby, the defendant, the appellant herein, has preferred this appeal,

(2.) Appellant Manjulabai is undisputedly the daughter of one Bhanu Kuthe, who died on 15-6-1955. The suit field was likewise undisputedly owned by Bhanu Kuthe and is in possession of Manjulabai almost since bhanu's death. It has also been mutated in the name of Manjulabai.

(3.) Original plaintiff Sukhdeo, the re spondent herein, and his mother Gangabai, who died during the pendency of the suit, claimed that Gangabai was the second wife of Bhanu after the demise of Manjulabai's mother. Respondent Sukhdeo was gangabai's son born of said Bhanu. Gangabai claimed that she was the real sister of manjulabai's mother. The plaintiffs contended that they were the exclusive owners of the suit land after the demise of Bhanu and that Manjulabai was looking after cultivation only because of the minority of respondent Sukhadeo. They, therefore, claimed possession of the suit property. In the alternative, the plaintiffs claimed partition and separate possession of their share in the property.