SHAMRAO LAXMAN WAGH Vs. BALA LAXMAN WAGH

JUDGEMENT

(1.) Challenge in this appeal is to judgement rendered by learned Additional District Judge, Jalna, in an appeal (R.C.A. No. 276/1981) confirming decree of dismissal of Suit (R.C.S. No. 34/1977).

(2.) Subject matter of the Suit comprised of two (2) agricultural lands bearing Survey No. 11/2, admeasuring 2 acres 27 gunthas and Survey No. 48/7, admeasuring 1 acre 23 gunthas, locally called "pandhri" and "ranmala", respectively, situated at village Warud under Bhokardan Tahsil. Appellant is the original plaintiff. Original defendant Nos. 1 to 3 are his step brothers. Original defendant Nos. 4 and 5 are the sons of original defendant No. 2 Kisan. Original defendant No.6 Bhagwan is a purchaser of the suit land from defendant No. 1 Bala. The father of appellant and respondent Nos. 1 to 3, namely, Laxman Wagh died somewhere in 1964.

(3.) Briefly stated, the plaintiff's case in the Trial Court was that during his lifetime, deceased Laxman Wagh partitioned the ancestral properties including the lands and a house amongst his four (4) sons. He (plaintiff) was then minor. His share was taken by the parents with whom he resided jointly till their death. The division of agricultural lands was reflected under Mutation Entry No. 20 to the extent of the share allotted to him. He was in possession of four (4) parcels of land allotted to his share as a owner. The defendant Nos. 1 to 3 manipulated false revenue entries after death of Laxman Wagh and, thereafter, dispossessed him from the suit lands.