BHAGGA DAMMA BHIL Vs. SAU RANU

JUDGEMENT

(1.) This is an appeal by the original defendants challenging the Judgment and Decree in Civil Appeal No. 32/1983 passed by learned District Judge, Dhule on 06.01.1987 whereby the Judgment and Decree of dismissal of Reg. Civil Suit No. 10/1981 passed by Civil Judge Jr. Divn., Taloja Camp, Shahada was reversed and decree for partition was passed in favour of daughter of a Scheduled Tribe on the basis of custom pleaded by her.

(2.) A brief reference to the facts is essential for deciding this appeal. The genealogy undisputed is as follows:

(3.) The plaintiff-Ranu is thus niece of her real uncle Bhaga (Defendant No.1) and cousin of defendant No. 2 Shama. Following ancestral properties are the suit properties.