SUNDER Vs. SHAMPTRAO

JUDGEMENT

(1.) The appeal is filed against judgment and order of Regular Civil Appeal No. 148/2004 (Old No. 117/02), which was pending in the Court of Ad-hoc District Judge-1, Majalgaon and also against the judgment and decree of Regular Civil Suit No. 277/1994 which was pending in the Court of Civil Judge, Junior Division, Majalgaon. The suit filed by the present appellants for relief of declaration and temporary injunction is dismissed. Both the sides are heard.

(2.) The suit was filed in respect of 4 Acre portion (1 Hector 21 R.) out of Survey No. 182 (Gat No. 488) situated at village Talkhed. It is the case of plaintiffs that Mariba, the father of defendant Nos. 1 to 5, was holding the property and it was joint family and ancestral property. It is contended that Mariba was Karta of the joint Hindu family and in that capacity and for legal necessity, Mariba sold the suit property to the plaintiffs.

(3.) It is the case of plaintiffs that defendant Nos. 1 to 3 had filed a collusive suit against the father which was bearing No. 100/1979 and they obtained decree of partition against Mariba and that was done only to deceive the appellants. It is contended that in view of the rights given to the plaintiffs, it is not necessary to challenge the decree given in favour of defendants in partition suit. It is contended that the sale deed was executed on 11.12.1981 and on the date of the sale deed, the possession of the suit property was given to the plaintiffs by Mariba. It is contended that the plaintiffs have taken a well in this land and has installed electric motor for irrigation of the land and he has developed the property. It is contended that on the basis of sale deed, mutation is effected in favour of the plaintiffs in revenue record.