SHALIK Vs. SITARAM

JUDGEMENT

(1.) In Regular Civil Suit No.9 Of 2009, The Trial Court Passed A decree for partition and separate possession of the agricultural lands Sr. No.169A and 169B. The plaintiff as well as the defendants are held entitled to 1/4th share each in suit property by way of succession and the proceedings under Section 54 for effecting the partition by metes and bounds are directed to be commenced by the Collector, Wardha. The trial Court has rejected the claim of the plaintiff that the giftdeed dated 12.05.1987 at Exhibit92 executed by Damduji, the original owner of the suit property, in favour of the defendants was null and void and the decree of possession has also been passed in counter claim.

(2.) The Decision Of The Trial Court Was The SubjectMatter Of Regular Civil Appeal No.259 of 2010 along with the crossobjection filed by the original plaintiff. The lower Appellate Court vide its judgment dated 05.03.2015 dismissed the Regular Civil Appeal No.259 of 2010 filed by the defendants and the crossobjection filed by the plaintiff has been allowed. The Appellate Court has modified the decree by holding that the plaintiff and the defendants have 1/4th share each in a suit house in addition to their share in the suit fields.

(3.) The defendants have preferred this second appeal. Notice was issued in this matter and on the last occasion when the matter was listed it was made clear that on the next occasion the matter shall be disposed of finally on the following substantial question of law: Whether the lower Appellate Court was right in reversing the decree passed by the trial Court granting a declaration that the defendants established their ownership in respect of the house property on the basis of the giftdeed dated 12.05.1987 at Exhibit92 and passing a decree of possession in respect thereof?