PANDURANG RAMJI DOIPHODE Vs. DHONDIRAM RAMJI DOIPHODE

JUDGEMENT

(1.) THIS appeal by original defendants Nos. 1 and 5 to 8 is directed against the final decree passed by the Civil Judge, Senior Division, Pune, in Special Civil Suit No. 117 of 1958 on January 31, 1977 determining the future mesne profits from the date of suit till 1967 to be paid by the defendants Nos. 1 and 5 to 8 to the plaintiff and defendants 2 and 3 who are other sharers.

(2.) PLAINTIFF and defendants Nos. 2 and 3, who respectively are respondents Nos. 1, 2 and 3 in this appeal, are real brothers while appellant No. 1, who is original defendant No. 1, is their step brother. Appellants Nos, 2 to 5, who were defendants Nos. 5 to 8 in the trial Court, are the sons of defendant No. 1. Defendant No. 4, since deceased, was the natural mother of plaintiff and defendants Nos. 2 and 3 and step -mother of defendant No. 1.

(3.) THE family owned agricultural lands at four villages of Pimpre, Shivtakra, (Nira), Korhale and Wathar of Nimbalkar. Besides, the family owned some house structures at Nira. One more house structure was constructed by defendant No. 1 on one of the plots at Nira, which belonged to the family, sometime in 1964 to 1966. According to defendant No. 1, he spent about Rs. 13,000 for construction of this building which is referred to in the record as Building No. 2.