NAGORAO BHUJANGA MORE Vs. PREMALABAI DIGAMBER

JUDGEMENT

(1.) This is a second appeal preferred by original defendant Nos. 1 and 2 who have challenged the decree for partition and separate possession passed by the learned 4th Additional District Judge, Nanded in Regular Civil Appeal No. 92 of 1984 decided on 26th October, 1989 and thereby reversing the judgment and decree dismissing the suit, passed by the learned Civil Judge, Junior Division, Biloli, in Regular Civil Suit No. 302 of 1982 decided on 28th February, 1984.

(2.) It is no more disputed that one Digambar More was resident of village Ratoli, Tal. Biloli, Dist. Nanded. Appellant No. 1 Nagorao is father and appellant No. 2 Venkati is brother of said Digambar. The family owns suit-lands described in plaint paragraph No. 1. It is case of the plaintiff/respondent No. 1 - Premalabai that she was legally wedded wife of Digambar and respondent No. 2 Mahananda was born to them. Digambar died in an accident on 25th May, 1982. Relation between respondent No. 1 Premlabai and Digambar were strained during lifetime of Digambar and as a result respondent No. 1 was driven out of the house of Digambar and she was living with her mother. She filed application No. 40 of 1979 for maintenance under section 125 of Criminal Procedure Code against Digambar in the Court of J.M.F.C., Biloli. In that petition Digambar admitted that respondent No. 1 was his wife. The matter was compromised and the respondent was taken by Digambar to his house. Again respondent-Premalabai was ill-treated and therefore she left the house. After death of Digambar she tried to get share in the property. She issued notice on 8th October, 1982; but the notice was not replied and therefore suit is filed for partition and separate possession.

(3.) The appellants who were defendants appeared in the suit and filed their written statement jointly at Exh.21 and denied relationship of present respondent/plaintiff with Digambar. It is stated that Digambar had first married with Sheshabai - daughter of Govindrao resident of Hiparga, Tal. Biloli. Digambar could not adjust with Sheshabai and so married one Jijabai d/o. Narayan Hiparaga about 14 years before filing written statement on 27-8-1983. Digambar never married respondent No. 1-Premlabai and respondent No. 2 was not born to Digambar. It is also alleged in the written statement that on 7th February, 1979 Digambar obtained Rs. 5000/- from appellant No. 1 and orally relinquished his right in the family property and therefore Digambar ceased to have right in the property.