BALWANT Vs. ANNASAHEB BAPUSAHEB PATIL

JUDGEMENT

(1.) The main question arising, in the above First Appeal, filed by the defendants in Special Civil Suit No. 79 of 1967, before the learned Civil Judge, Senior Division, Kolhapur, is whether, under the Hindu Law in force in Kolhapur District, where the suit lands are situated, they were liable to be partitioned.

(2.) The suit was filed by the respondents Nos. 1 to 4 making the following allegations in the plaint: Plaintiff No. 1 and defendant No. 1 are the sons of one Bapu Anna Patil, who died on Oct. 31, 1956. Plaintiffs Nos, 2, 3 and 4 are the eons of plaintiff No. 1, while defendant Nos. 2 and 3 are respectively son and grandson of defendant No. 1. Defendant No. 4 Laxmibai is the sister of plaintiff No. 1 and defendant No, 1.

(3.) It is alleged by the plaintiffs that Bspu Anna died as a member of the joint Hindu family and was acting as the Manager of the family till his death. It js further alleged that after the death of Bapu Anna, plaintiff No. 1 and defendant No. 1 divided the Rayatawa lands of Bapu Anna; and since then they were in actual possession thereof. According to plaintiff No. 1 the partition took placa in Dec. 1956; while according to defendant No. 2, it took place in the beginning of 1959; but the exact year of the partition is immaterial as it has absolutely no bearing upon the question which is to be decided in the present case.