LILABAI KISANRAO CHAVAN Vs. DEOKABAI MOTIRAM KADAM

JUDGEMENT

(1.) This Second appeal has been filed by the original plaintiffs whose claim in respect of partition of Survey No.54 and House no.143, Ward no.18 of Amravati was rejected while rest of the claim was allowed.

(2.) The facts giving rise to this appeal can be stated thus -

(3.) Defendants no.1 and 2 resisted the suit. They do not dispute that the property originally belonged to Ganpatrao. It is their contention that soon after death of Motiram and Dadarao there was a partition and the plaintiffs and the defendants were cultivating and enjoying their separate share. It is alleged that field S.No.54 of Rajapeth, Amravati was put to share of defendant no.1 Deokabai while the property at Maholi Chor was put to the share of the plaintiff Sonabai. It is alleged that Sonabai was enjoying her own property while defendant was enjoying her own property. It is further alleged that defendant no.1 was residing in the house at Amravati and that was also put to her share. It is further alleged that plaintiff herself had agreed that upon her death, her property would devolve upon defendant no.2.