PRATAPRAO NARAYAN PAWAR Vs. RAMCHANDRA

JUDGEMENT

(1.) This is an appeal by the original defendant no. 4 challenging the judgment and decree passed by the Additional District Judge, Amalner on 15-4-2006 thereby partly allowing the appeal preferred by the appellants/original plaintiffs.

(2.) Appellant/original defendant no. 4 is purchaser of the suit property from defendant no. 1 deceased Harkchand Sancheti. Regular Civil Suit no. 80/1980 came to be instituted by the plaintiffs seeking partition and possession of the agricultural land gat no. 93 admeasuring 4 H 10 R situated at village Dapore, Tq. Amalner, Dist. Jalgaon contending that the said suit property is joint family property of the plantiff, defendant no. 1 and Defendant no. 2 Uttamchand, and they were jointly cultivating the said land. It is contended that said suit claiming partition and separate possession came to be dismissed in default. Miscellaneous Application no. 5/86 for restoration of said suit came to be rejected by trial court on 27-1-1988. Miscellaneous civil application challenging order in Miscellaneous Civil Application no. 5/86 also came to be dismissed on 8-9-1997. After first round oflitigation was over plaintiff again demanded partition by serving notice on 23-2-1988. However, the same request was not considered. Thereore he had to file instant suit being Regular Civil Suit no. 39/86. Defendant no. 4 who has purchased the suit property under sale-deed dt. 6-6-1980 from Harakchand has been added as party vide application at exh. 13. The plaintiff claims 1/3rd share in the suit property.

(3.) The legal representatives of deceased Harakchand resisted the suit by filing written statement. It is their contention that deceased Harakchand was exclusive owner of the suit land and as such the plaintiff had no right, title or interest in the suit land. It is further contended that the suit bearing Special Civil Suit no. 5/62 was filed in the court of Civil Judge, S.D., Dhule and in pursuance to the agreement arrived at between the parties in the said suit, the property was delivered in possession of deceased Harakchand. It is contended that deceased Harakchand had faught litigation and obtained possession of the suit property in execution of the darkhast. It is denied that the property belongs to joint family. However, it is contended that deceased Harakchand was the exclusive owner and possessor of the suit property.