SHARAYU YADAVRAO BARDE Vs. SINDHUBAI

JUDGEMENT

(1.) THIS second appeal is preferred by the original defendant No. 1 and legal heirs of the defendant No. 3 in Regular Civil Suit No. 14 of 1976 filed by the respondent No. 3 and 4 for partition and separate possession of their shares in the property originally possessed by one Deorao. By this appeal, they challenged the validity, legality or propriety of the judgment and decree passed by the lower Appellate Court in Regular Civil Appeal No. 252 of 1984 preferred by the defendant No. 2 against the judgment and order dismissing the plaintiffs suit for partition and separate possession of their shares.

(2.) THERE is no dispute that on the death of Deorao, his widow Laxmibai alias Malanbai possessed the property as the sole heir. Malanbai got two daughters namely,; Kausalayabai and Krishnabai. Plaintiffs No. 1 and 2 are the daughters of Kausalayabai, whereas, defendants No. 1 and 2 are the daughters of Krishnabai. Defendant No. 3 is the son of defendant No. 1 Sharayu. Laxmibai died in the year 1962.

(3.) ON the death of Laxmibai, the plaintiffs being the daughters of Kausalayabai filed suit for partition and separate possession. The suit was contested by defendant No. 3 Anilkumar Yadavrao Barde by filing his written statement at exhibit 19. That written statement was adopted by the defendants No. 1 and 2. It is the contention of the defendant No. 3 that the suit property was bequeathed by Laxmibai in his favour vide the registered will-deed dated 5-6-1962. Therefore, he denied the rights of the plaintiffs to claim partition and separate possession of their respective shares.