SHEKOJI BHIMRAO Vs. MOTIRAM MARUTI MARATHA

JUDGEMENT

(1.) This second appeal is directed against the judgment and decree passed by the learned Additional District Judge, Nanded, in Regular Civil Appeal No.22 of 1982 ("appeal"), which was revering the judgment and decree passed by the learned Joint Civil Judge (J.D.), Nanded in Regular Civil Suit No.104 of 1976 ("suit"). Present appellants were the plaintiffs and respondents were defendants. The parties, hereinafter, referred to their original status - i.e. as plaintiffs and defendants.

(2.) The plaintiffs are sons of defendant No.7. The plaintiffs have contended in the suit that the joint Hindu family of plaintiffs and defendant No.7 was holding ancestral agricultural land at village Marlak (Bk.) Taluka and District Nanded. The partition between plaintiffs and defendant No.7 took place some where in the year 1970. In that partition, the suit property was allotted to the share of plaintiffs 1 to 3. Said partition was recorded under mutation entry on 16.12.1970. Said mutation entry No.430 was also certified by the competent authority. The plaintiffs names have been effected in the revenue record and they are in possession of the suit property since then.

(3.) Defendants after entering into appearance filed written statement. The written statement filed by defendant No.6 is at Exhibit 87. Defendant No.6 claims to have purchased the suit property by registered sale deed dated 14.6.1971. He has also contended that thereafter, he had executed an agreement of sale in relation to the suit property in favour of defendant No.8. According to defendant No.6, his name is recorded under mutation entry No.448 in the record of rights of the suit property. Defendant No.6 denied the partition as claimed by plaintiffs on 16.2.1970.