LAXMAN TUKARAM Vs. BENDRABAI TUKARAM KARWATE

JUDGEMENT

(1.) These two appeals have arisen out of the judgment and decree passed by the appellate Court in Regular Civil Appeal No. 209/1984 allowing the appeal and decreeing Regular Civil Suit No. 618/1982 for partition and separate possession. In order to appreciate the controversy, it would be better if the parties are referred to as plaintiffs and defendant.

(2.) One Tukaram Karvate had three wives viz. Narmadabai, Janabai and bendrabai. Padminibai is the married daughter of Naramabadai. Narmadabai predeceased Tukaram. Tukaram died on 9-3-1955 leaving behind him two widows viz. Janabai and Bendrabai and daughter Padminibai (the daughter of predeceased wife Narmadabai). Tukaram left behind him agricultural land, house and movable property described in Schedule A attached with the plaint. Soon after the death of Tukaram, Janabai adopted Laxman on 18-6-1955 with the consent of her co-widow Bendrabai. At that time Laxman was about 3 years old. Janabai died on 17-2-1981.

(3.) Bendrabai and Padminibai (hereinafter referred to as "the plaintiffs") instituted R. C. S. No. 618/1982 against Laxman (hereinafter referred to as "the defendant") for possession of the suit property described in Schedule A and alternatively for partition and separate possession thereof. According to the plaintiffs, after the death of Tukaram share of the property left behind by him was inherited by Padminibai and share was inherited by Janabai and Bendrabai together. After the death of Janabai, her share was inherited by Bendrabai. Thus bendrabai and Padminibai have share each in the suit property.