YAMUNABAI Vs. KAMLABAI

JUDGEMENT

(1.) The trial Court dismissed the Special Civil Suit No. 750 of 1987 for partition and separate possession on 01.01.2001. The lower appellate Court has dismissed Regular Civil Appeal No. 117 of 2001 by judgment and order dated 07.01.2002. The original plaintiff is before this Court against the concurrent findings of fact.

(2.) This Court on 07.12.2005 passed an order as under, framing the substantial question of law.

(3.) Both the Courts have concurrently held that the plaintiff has admitted that the sale deed in respect of the suit property stands in the name of Jageshwarrao. The learned counsel for the appellants could not point out the averments in the plaint to the effect that the suit property was purchased by Jageshwarrao from the aid of nucleus from joint family property. Thereafter at subsequent stage, the application for amendment was made in the trial Court incorporating such a plea and that application was rejected and the decision is confirmed.