SHANKAR YESHWANT HARALE Vs. LAXMIBAI PANDURANG HARALE

JUDGEMENT

(1.) THESE are two second appeals which arise out of the decree passed in Suit No. 212 of 1950 which was modified in Appeal No. 233 of 1951 of the file of the District Courb at Kolha -pur.

(2.) PANDURANG and Shankar were two brothers. Pandurang died in April 1949 leaving him surviving his widow Laxmibai. Laxmibai filed Suit No. 212 of 1950 in the Court of the Second Joint Civil Judge, Junior Division, at Kolhapur, for par -tition find separate possession of her one -half share in the suit properties alleging that the suit properties were originally joint family properties, but in June 1946 her husband Panduvang and the defendant had decided to effect a partition and in fact the house at Kolhapur was partitioned and the lands at Shiye were thereafter jointly leased by Pandurang and the defendant and the rent was shared in equal proportion by them till the death of Pandurang on 1 -4 -1949. The plaintiff, therefore, claimed possession of her half share in the house as well as the lands by partition by metes and bounds.

(3.) THE defendant by his written statement contended that there was no partition as alleged by the plaintiff. He pleaded that he and Pandu -rang were living and messing separate for the sake of convenience as the plaintiff and the defendants wife were unable to live harmoniously in the same house.