CHAMPABAI Vs. SHAMABAI ALIAS SHAMKUWARBAI GAJRAJSINGH PARDESHI

JUDGEMENT

(1.) This appeal is heard finally at the preliminary stage and is being decided on consideration of the single substantial question of law involved therein.

(2.) There is no dispute about the relationship between the parties. There is also no dispute about the fact that the suit properties comprising of three (3) agricultural lands and a house property are the ancestral properties of the family and were held as such by deceased Dashrathsing. He died in 1998. Both the plaintiffs (Respondents) are the married daughters of deceased Dashrathsingh. They were born to his first wife by name Chandrakaur. There is no dispute about the fact that after death of said Chandrakaur, he had performed second marriage with the defendant No.l (appellant No. 1). The defendants Nos.2 and 3 (appellants No.2 and 3) are the sons born out of the second marriage.

(3.) The plaintiffs' case in the trial Court was that they are entitled to claim partition and separate possession in respect of the suit properties as the legal heirs of deceased Dashrathsing. They demanded partition but the step mother i.e. the defendant No. 1 declined to effect the same. Consequently, they sought partition and separate possession to the extent of their l/5th share each. They also sought mesne profits of Rs.2,000/- per year.