SHANKAR DATTU GOSAVI Vs. SONABAI DATTU GOSAVI

JUDGEMENT

(1.) The Second Appeal has been admitted on the following substantial questions of law:

(2.) The facts giving rise to the present Second Appeal are as follows :

(3.) One Dattu who was married to Sonabai died in 1962. He was the father of the plaintiffs and defendant No. 1. Defendant No. 1 was the eldest male member of the family after the death of Dattu and he managed the joint family property. The land bearing Gat No. 237 (original Survey No. 55/1) was purchased under a registered sale deed dated 23rd April, 1969 on payment of a consideration of Rs. 5,000/-. This land bearing Survey No. 55 was originally granted to the forefathers of Dattu and was inherited by him and his brothers Govind and Annu. Survey No. 55 was partitioned into three shares Survey Nos. 55/1, 55/2 and 55/3. Dattu received as his share Survey No. 55/3 whereas Survey No. 55/1 was alloted to the share of Annu. Survey No. 55/1 was later numbered as Gat No. 237 and land bearing Survey No. 55/3 was allotted Gat No. 239. Undisputedly, the land bearing Gat No. 237 was purchased under a registered sale deed in the name of defendant No. 1 i.e. the present appellant. The plaintiffs i.e. the present respondent Nos. 1 to 4 filed Regular Civil Suit No. 340 of 1982 seeking partition of the joint family property, including land bearing Gat Nos. 237 and 239, besides other immovable properties. The plaintiffs also sought mesne profits @ Rs. 1,400/-per year from defendant No. 1.