GUNWANAT Vs. KALPANA BAJIRAO WADETTIWAR

JUDGEMENT

(1.) Heard.

(2.) By order dtd. 13/2/2009, the following substantial questions of law were framed:

(3.) Deceased respondent no.1- Kamlabai filed a suit for partition and separate possession of immovable properties against the appellants thereby claiming herself to be the daughter of Pisabai, who was the second wife of deceased Vithoba. Defendant no.8-Moreshwar is son of Jankubai, the first wife of deceased Vithoba. Vithoba died in the year 1970. Appellant no.1 Vithabai who is the original defendant no.1, is the third wife of Vithoba and appellant nos.2 to 7 (original defendant nos.2 to 7) are the children born out of the wedlock between appellant no.1 Vithabai and deceased Vithoba. Respondent no.1 (Original plaintiff) claimed in the suit that defendant no.8-Moreshwar was already separated from Vithoba and got the suit property admeasuring 6.09 acres which is in his possession. Whereas, rest of the property is inherited by respondent no.1 and the appellants. Therefore, she is entitled to a share in the suit property. The appellants came up with a defence that the suit property situated at Chandli (Bk.) was purchased by Vithoba in the joint name of appellant no.1, 2 and 4 with intention to exclude the other co- sharers and it was in the nature of gift or advancement towards appellant nos.1, 2 and 4. Therefore, they sought rejection of the suit. The trial Court decreed the suit. An unsuccessful attempt was made before the learned first appellate Court. Against dismissal of the first appeal, the present second appeal came to be filed and the above-mentioned substantial questions of law were framed.