VISHNUPANT ALIA DHONDUPANT Vs. KESHAVRAO WAMANRAO

JUDGEMENT

(1.) The above first appeal was filed by the plaintiff, in Special suit No. 43 of 1976 in the court of the Civil Judge, Senior Division, Nanded, which he had instituted, on Nov. 21, 1966, to recover possession of the lands, survey No. 29 measuring 20 acree 12 gunthas, 223/A measuring 22 acrs. 224/A measuring 9 acres 12 gts. 240/B measuring 5 acres 30 gts. all situated at Jamb Bk. taluka Mukhed with cosis : and by a subsequent amendment of. the plaint, he had also sought possession of survey nos. 138 156 which were regranted under the Hydera bad Abolition of Inams and cash Grants Act, 1954, some times prior to March 1955, in the name of defendant no. 1 Keshavrao Wamanrao, his elder brother.

(2.) It is not in dispute that the plaintiff had, besides defendant no. 1, another elder brother by name, Nagorao Wamanrao, defendant No. 2. who died during the pendency of the suit. According to the plaintiff, all the suit lands were the self acquired properties of the father of the plaintiff and defendant No. 1 and the original deceased defendant no. 2 Their father died on Sept. 3, 1963. After his death the suit lands remained in the joint possession of the plaintiff, defendant No. 1 and defendant No. 2.

(3.) Nagorao filed special suit No. 3 of 1960 against the plaintiff and defendant no 1 and another for partition of all the movables and immovable properties including the present suit property. In that suit a consent deciee for partition of the immoveable properties was passed and the properties were divided among the plaintiff. defendant no. 1 and defendant no. 2 and their mother Chandrabhagabai on March 24, 1962.