EKNATH DAVAL THETE Vs. GANPAT DAGDU THETE

JUDGEMENT

(1.) By this Second Appeal filed under Section 100 of the Code of Civil Procedure 1908, the appellant herein (original defendant No. 2) has impugned the judgment dated 26th August 1993 passed by the IV Additional District Judge, Nashik dismissing the appeal filed by the appellant against the judgment and decree dated 2nd January 1987 passed by the learned Civil Judge, Junior Division, Pimpalgaon-Baswant, District-Nashik allowing the suit filed by the respondent No. 1 herein (original plaintiff). For the sake of convenience, the parties to these proceedings are described in the later part of the judgment as they were described before the trial Court. Some of the relevant facts for the purpose of deciding this second appeal are as under :--

(2.) Gat No. 876 admeasuring 23 Ares assessed to Rs. 0.97 ps., Gat No. 885 admeasuring 1-59 hectares assessed to Rs. 8.19 ps. and Gat No. 873 measuring 55 Ares assessed to Rs. 0.69 ps. of Palkhed in Niphad taluka are the suit lands. The suit lands were ancestral and joint family property of the plaintiff, defendant No. 1 and their brother deceased Kashinath. The brother Kashinath died in the year 1975 leaving no heirs. The plaintiff and the defendant No. 1 each accordingly acquired one half share in the suit land. There was no partition amongst the plaintiff and the defendant No. 1 in respect of the suit lands.

(3.) It was the case of the plaintiff that the defendant No. 1 without informing the plaintiff sold his one half share to the defendant No. 2. It was the case of the plaintiff that the defendant No. 1 was conducting a hotel in the beginning and the plaintiff was cultivating the suit lands and paying share in the income to the defendant No. 1. It was the case of the plaintiff that the defendant No. 2 had obtained forcible possession of the suit lands and the entire Gat No. 876, western one half portion of Gat No. 885 and the entire Gat No. 873 were in illegal possession of the defendant No. 2.