BASWANTAPPA APPARAO Vs. MAHADU RAMCHANDRA TELI

JUDGEMENT

(1.) This second appeal is preferred by original Defendant No.l, being aggrieved by the judgment and order passed by the learned Civil Judge, Junior Division, Omerga on 28.2.1983, decreeing the suit bearing Regular Civil Suit No.37 of 1977 for partition and separate possession to the extent of 3/4th share, which judgment and decree is further confirmed by Additional District Judge, Osmanabad, by dismissing Regular Civil Appeal No.71 of 1983 decided on 13.11.1992.

(2.) Briefly stated, the facts giving rise to this second appeal are that present respondents are the original plaintiffs and present appellant is original defendant no.l. Original defendant No.2 Ramchandra Teli was husband of Respondent No.3 Kashibai who was original plaintiff No.3 and Respondent Nos.l, 2 and 4 are sons of said Ramchandra and Kashibai. Suit was filed by Respondent No.3 Kashibai for herself and on behalf of Respondent Nos.l, 2 and 4 who were then minor sons, for recovery of possession to the extent of 3/4th share by way of partition. Ramchandra died pending the suit and his name is deleted vide order dated 24.9.1981

(3.) Now, it is an admitted position that Defendant No.2 Ramchandra Teli had executed sale deed dated 28.3.1973 in respect of land survey No.44/A ad-measuring 7 acres, 18 gunthas situated at village Belamb Taluka Omerga, District Osmanabad for consideration of Rs.2,000/- in favour of the appellant.