ROSHANBEE AND ORS. Vs. MEENAKSHI AND ORS.

JUDGEMENT

(1.) THE appeal is filed against judgment and decree of Regular Civil Appeal No. 141/1997, which was pending in the Court of 3rd Ad -hoc District Judge, Aurangabad. As the relief was not given in respect of some properties to the original plaintiffs in Special Civil Suit No. 211/1991, which was pending in the Court of Civil Judge, Senior Division, Aurangabad, the first appeal was filed by the plaintiffs and the first appellate Court has given the decision in their favour and it is held that they are entitled to 2/3rd share in land Gat No. 593 and partition is ordered accordingly. The trial Court had given decree in respect of the house properties bearing C.T.S. Nos. 413 and 414, but it was to the extent of 1/3rd share and now the appellate Court has given the share to the extent of 2/3rd and so, the appeal is limited only to that extent of the defendants. Both the sides are heard.

(2.) PLAINTIFF No. 1 is daughter of plaintiff No. 2 and deceased Gulabchand Shrivastav. Gulabchand died in the year 1965 -1966, leaving behind the plaintiffs and defendant No. 1 as his legal heirs. Defendant No. 1 is son of Gulabchand.

(3.) SOME of the purchasers filed written statement and contested the matter. They denied that the properties were joint Hindu family properties of plaintiffs and defendant No. 1. They contended that they have purchased the properties from defendant No. 1 who was the absolute owner of the suit properties. Alternatively they contended that if the suit is decreed in favour of plaintiffs, the sale deeds made in their favour by defendant No. 1 be protected to the extent of share of defendant No. 1. The challenge in respect of joint family nature of house properties cannot be considered as those findings were accepted by the defendants.