BABASAHEB RAGHUNATH MAKODE Vs. LEELABAI

JUDGEMENT

(1.) Appellants in the present appeal are original defendants and respondent is the original plaintiff. Respondent/plaintiff is sister of Raghunath who is deceased father of appellant Nos.1, 2, 4 to 6 and husband of appellant No.3. The parties will be referred in the body of the judgment as plaintiff and defendants.

(2.) The plaintiff has filed a suit for partition and separate possession against defendants who are widow and children of her late brother Raghunath being Regular Civil Suit No.68 of 2013 inter alia claiming partition and separate possession with respect to the suit properties which comprise of an agricultural land. She has given up right to seek partition with respect to residential house. The defendants appeared in the matter and opposed the suit contending that the plaintiff had relinquished her share in the properties of the family in the year 1988 and was therefore not entitled to the relief of partition and separate possession.

(3.) Maruti i.e. father of the plaintiff and deceased Raghunath, is the original owner of the suit property. He expired on 4/5/1981, leaving behind three class-I legal heirs, namely Thakubai, his widow, plaintiff, his daughter and Raghunath, his son. The contention of the plaintiff and defendants is that the suit property was ancestral property of late Maruti.