RAGHO SAMBHAJI TAMBOLI Vs. SHANTABAI

JUDGEMENT

(1.) THIS is a defendant No. 1's second appeal from the decree for partition of the plaintiff's 1/3rd share in S. No. 98/1 of mauza Umerkhed and mesne profits.

(2.) THE relevant facts are as follows: The aforesaid field along with certain other property was the joint family property of Shama of his three sons, Shambhu, Sadashiv and Narayan. Shama died on 22-10-1936. All his sons died before him, Shambhu left a son Ragho, defendant No. 1 to the suit; Sadashiv left a son Kisan, who died in the year 1041, leaving behind his widow Shantabai, the plaintiff to the suit; Narayan left a widow Anjanabai, who is the second defendant to the suit.

(3.) SHAMA effected a partition of his property in the year 1934. At that partition the field in question fell to the share of Shama. The question has now arisen as to who are the persons who are entitled to succeed to this field as the heirs of Shama.