NIVRUTTI PANDURANG NALE Vs. UTTAM GANU NALE

JUDGEMENT

(1.) This appeal is preferred by defendant no. 2 to challenge the judgment and decree passed by the first Appellate Court allowing the plaintiffs' appeal. The trial court had dismissed the suit for partition and separate possession. However, in an appeal preferred by the plaintiffs, the suit is decreed against defendant no. 2, thereby declaring that plaintiff nos. 1 to 3 and defendant no. 2 have 1/4th share each in the suit property. Hence, this appeal by defendant no. 2.

(2.) The second appeal is admitted vide order date 21/2/1994 on the following substantial questions of law:

(3.) The parties are Gopala's heirs and legal representatives. Gopala had two sons, Ganu, who died on 25/12/1953 and Pandurang, who died on 26/3/1978. The plaintiff no. 3 is Ganu's wife, and plaintiff nos. 1, 2 and defendant no. 2 are sons of Ganu and plaintiff no. 3. Defendant no. 1 is Pandurang's wife. Pandurang and defendant no. 1 had no issues. Defendant no. 2, i.e. Nivrutti, biological son of Ganu and plaintiff no. 3 claims that Pandurang and defendant no. 1 adopted him. The plaintiffs claim that the suit properties are tenanted properties originally cultivated by Gopala. Defendants claimed that the suit properties were self-acquired by Pandurang, as he was a tenant in respect of the suit properties. Defendant no. 2 claims that he, being the adopted son of Pandurang and defendant no. 1, is exclusively entitled to the ownership of the suit property after the death of defendant no. 1.