RAMDAS S/O NAGO CHAUDHARY Vs. RUKHMABAI

JUDGEMENT

(1.) Appellant/Original defendant impugns judgment and decree dtd. 27/7/1995 passed by learned District Judge, Amalner in Regular Civil Appeal No. 220 of 1989, thereby reversing judgment and decree dtd. 19/3/1988 passed by learned Civil Judge, Junior Division, Parola, Dist. Jalgaon in Regular Civil Suit bearing No.25 of 1984. (Hereinafter parties are referred to by their original status in the suit.

(2.) Respondent/Plaintiff filed Regular Civil Suit No. 25 of 1984 before Civil Judge, Junior Division, Parola, District Jalgaon seeking decree for partition, declaration and possession with consequential relief and mesne profit qua land Gut No. 54, admeasuring 3 H 77 R and a House property No. 70, situated at Bahadurpur, Tq. Parola. Plaintiff further claims that adoption of defendant by deceased Gojarabai is void ab-initio. In alternate a prayer is made that plaintiff and defendant being legal representatives of Gojarabai are entitle to have a share in suit property. According to plaintiff, her father Nago Raghav Chaudhary expired 15 to 16 years prior to filing of suit, leaving behind her mother Gojarabai and plaintiff. Gojarabai expired on 4/8/1983. On her death, defendant recorded his name over suit property. According to plaintiff, Gojarabai adopted defendant vide adoption deed dtd. 5/3/1979, which is invalid. After death of Gojarabai, suit property has been taken over in possession by defendant, although, name of plaintiff is mutated over suit property as described in Clause-A of plaint.

(3.) Defendant refuted plaintiff's claim contending that Nago Chaudhari has left no property. Suit property was purchased and owned by Gojarabai (second). She had no issue from marriage with Nago Chaudhari. Nago Chaudhari had his first wife namely Gojarabai (first). Plaintiff is his daughter from first wife Gojarabai. Plaintiff is legal representative of Nago Chaudhari from his first wife Gojarabai. Defendant, who is nephew of Gojarabai (second) was adopted by her under registered adoption deed. Defendant is sole legal representative of Gojarabai (second) on the basis of adoption deed. Plaintiff cannot claim any right in property left by Gojarabai (Second) in capacity of legal representative of Nago Chaudhari.