VISHWANATH PANDURANG THAKUR Vs. VASUDEV KRISHNA THAKUR

JUDGEMENT

(1.) APPELLANT (Original Defendant No.1A) has questioned the correctness of the Judgment and decree 27th September, 1990 passed by the trial Court in Special Civil Suit No.633 of 1984 granting partition in favour of the Respondent (Original Plaintiff). The precise facts relevant for the purpose of adjudication of this Appeal are thus :

(2.) NECESSARY issues were framed. Parties went to trial. It is pertinent to note that Pandurang (Original Defendant) did not enter witness-box to substantiate his plea. Having regard to the evidence on record, the learned trial Court rejected the contention of the Original Defendant and specifically observed that on the Application dated 24th December 1942. marked Exhibit No.46, which was presented to the City Survey Office for mutation, joint ownership of Pandurang (Original Defendant) and Vasudev (Original Plaintiff) was shown. Moreover, Pandurang (Original Defendant) was shown as Manager of the property. In view of this, the learned trial Court reached to the conclusion that the property was owned by Krishnaji and Pandurang and Vasudev, being his sons are entitled to succeed in getting equal shares. Decree was passed accordingly.

(3.) NO doubt, this plea was not raised by the Appellant in the trial Court, however, we permitted the Appellant to raise this plea in this Appeal. We heard the learned Counsel for the Appellant at length. We have also perused the authorities as cited.