SMT. SHAILABAI Vs. SUDHABAI AND OTHERS

JUDGEMENT

(1.) Both these appeals preferred by the contesting parties, feeling aggrieved by the judgment and decree of the learned Civil Judge, Senior Division, Washim, in Spcial Civil Suit No. 8 of 1980 which is partly against them, can be disposed of by this common judgment. Since both the contesting parties have preferred the instant appeals, they are conveniently referred to in this judgment as either the plaintiff or the defendants as the case may be.

(2.) The facts are that the plaintiff and the defendants 1 to 5 formed a joint Hindu family. Their geneological tree is as follows : The above geneological tree shows that common ancestor Lalsingh had one son Balramsing who was the original defendant No. 1 and had died during the pendency of the suit. Since all his illegal representatives were on record except his daughter Sudhabai, her name was only brought in his place as his legal representative in the suit. Hirabai the defendant No. 2 is the wife of Balramsing, the original defendant No. 1. The said Balramsing had three sons viz. Devisingh (defendant No. 3), Vijaysingh (defendant No. 5) and Rajendrasingh who died on 13-10-1979. The plaintiff is the wife of Rajendrasingh. They had one son by name Jagjitsingh who pre-deceased his father as he died on 11-8-1979.

(3.) The relevant facts, according to the plaintiff, leading to the filing of the instant suit by her are that on 1-10-1952 there was a partition of the joint Hindu family between Balramsingh, the defendant No. 1, and his sons Devisingh Vijaysingh and Rajendrasingh and his wife Hirabai. In the said partition the deceased Rajendrasingh, the husband of the plaintiff, was allotted the property, which was in his possession at the time of his death. The particulars of the said property given by the plaintiff in paras 2, 3 and 5 of the plaint are as follows: