EKNATHBUWA GYANOBA BHARATI Vs. SHESHABAI LAXMAN BUWA

JUDGEMENT

(1.) This is an appeal preferred by original defendant No.6 being aggrieved by the judgment and decree passed by learned Civil Judge, Junior Division, Ahmedpur in Regular Civil Suit No.217 of 1974 dated 16th April, 1979, whereby share of each of original plaintiff Nos. 2 to 5 was declared to be 8/81th in the suit field Survey No.107 admeasuring 26 acres and 27 gunthas and Survey No.112/B admeasuring 12 acres 26 gunthas both situated at Kingaon, Tal. Ahmedpur and for delivery of possession to plaintiff Nos. 2 to 5 to the extent of their shares by the present appellant in the property. Said judgment and decree was confirmed in Regular Civil Appeal No.57 of 1979 by the Additional District Judge, Latur on 16th October, 1987 without any modification.

(2.) The facts giving rise to this appeal regarding which there is no more dispute can be stated as below:-

(3.) Bhanudas died on 17.09.1972 leaving behind him two widows Kamalbai and Shobhabai and daughter Suman, who was then minor. Present appellant (who is defendant No.6) purchased both the lands excluding property which was purchased by defendant No. 8 - Hariba (present respondent No.12) by two sale deed dated 06.06.1974 and 03.04.1974 produced at Exh.87 and 88 respectively. Thereafter, the suit was filed in 1979 by five daughters of Vithalbuwa for declaration of ownership and for possession. They did not sue for partition and as a result Trial Court declared share of each of them to be 8/81th in both lands as stated earlier. However, he gave direction to present appellant (defendant No.6) to deliver both those fields to plaintiff Nos. 2 to 5 who should take possession of these fields to the extent of their share.