SAHEBRAO SHANKARRAO MUNDHE Vs. RAMESHWAR AMRUTRAO KALE (DEAD)

JUDGEMENT

(1.) This second appeal has been admitted on 03/5/1991 without formulating any substantial question of law but observing that point Nos. 1, 2 and 4 in memo of appeal are points of law.

(2.) I have heard Advocate Shri Chandurkar on this background. Nobody has appeared for respondents though they are served.

(3.) The facts show that present appellants are sons of one Subhadrabai. Kousalyabai was her mother and Subhadrabai had also a brother by name Sukhdeo. The family of Subhadrabai had field survey No. 146, area 30.27 acres, survey No. 22 area 1.30 acre and survey No. 23 area 1.06 acre at mouza Bhamdevi, tahsil Murtizapur, district Akola, land survey No. 28 area 16.11 acre at mouza Amrullapur, tahsil Achalpur, district Amravati and a house at mouza Bhamdevi. On 05/3/1966 vide Exh. 97 Subhadrabai exchanged above mentioned survey Nos. 22 and 23 of Bhamdevi in lieu of 1.20 acre portion of survey No. 28 of Amrullapur with Manikrao Meshram and Yeshwant Mane. On the same day vide Exh. 98 she exchanged survey No. 146 of mouza Bhamdevi in lieu of survey No. 28 portion ad measuring 6.20 acre with Vishnu Dhore, Champatrao Jakharkar and Shamrao Nihurkar. The appellants were minor at that time. On 03/6/1975 they filed special civil suit No. 5 of 1975 for possession of their properties. They joined their mother Subhadrabai as defendant No. 9, Manikrao as defendant No. 4, Yeshwantrao as defendant No. 6, Vishnu Dhore as defendant No. 1, Champatrao as defendant No. 2 and Shamrao as defendant No. 3. It is to be noted that all these defendants No. 1, 2, 3 4 and 6 had purchased survey No. 28 of mouza Amrullapur from Kousalyabai and Sukhdeo, i.e. relatives of plaintiffs on maternal side.