CHINDA MANJI KOLI Vs. MANGA DAGA KOLI

JUDGEMENT

(1.) This is an appeal preferred by the original defendant who was dis-satisfied with the judgment and decree passed by the learned Additional District Judge, Nandurbar in Regular Civil Appeal No.119 of 1990 decided on 30.08.1997 whereby he set aside the order of dismissal of suit passed by the learned Civil Judge, Junior Division, Taloda in Regular Civil Suit No. 21 of 1993 decided on 06.01.1986 and held that plaintiff/respondent is entitled to partition and separate possession of one half share in the suit property.

(2.) Some of the facts giving rise to this appeal are not disputed at this stage. It is not disputed that one Mohan was the common ancestor of original plaintiff Manga and original defendant Chindha. Mohan had two sons - Ganpat and Manji. Name of son of Ganpat is Daga. Plaintiff Manga is son of Daga, whereas Chindha is son of Manji. Thus, defendant Chindha was second degree uncle of plaintiff Manga.

(3.) It is case of the plaintiff/respondent that the suit-land bearing Survey No.20 admeasuring 11 acres and 30 gunthas situated at Taloda, which is now block No.20 was joint family property of the plaintiff and the defendant. It is stated that the plaintiff and the defendant were members of Hindu joint family. They were cultivating the land. In the year 1963 Inam was abolished and the land was granted in the name of the defendant Chindha. It is case of the plaintiff that even thereafter the land was equally cultivated by the plaintiff and the defendant, however, the name of the defendant was entered into cultivation column of 7/12 extract. In the year 1982 the defendant obstructed the cultivation by the plaintiff, so he filed a suit for partition.