SHIVRAM Vs. PRABHAKAR

JUDGEMENT

(1.) Present appeal has been fled by original defendant No.1 challenging the Judgment and decree passed in Regular Civil Appeal No.38 of 2013, by learned District Judge-4, Latur, dated 30-06-2016, whereby after setting aside the decree passed by the Trial Court, the suit fled by present respondent No.1 came to be decreed.

(2.) The factual matrix leading to this appeal are that ;

(3.) The suit was resisted by defendant No.1 by fling written statement. It was stated that, the suit plot was in fact joint family property of Maruti Katare and his brother Narsoba Katare and other family members, though it was purchased in the name of Maruti alone. Maruti had obtained permission to make construction on the suit plot on 23-10-1983, however no construction was made and he expired on 03-12-1989. He was having undivided share in the plot so his wife succeeded to that undivided share. Defendant No.3 is son of Maruti's brother. Defendant No.3 was looking-after Saraswatibai. After her death, defendant No.3 had fled Regular Civil Suit No.549 of 1997 against his brother, mother and sister for partition and separate possession of the joint family properties including the suit plot. The suit was compromised on 30-11-1997. In the said compromise, the suit plot was given to defendant No.3. It is stated that, the sister of the defendant No.3 had relinquished their right, title and interest from the joint family properties. Therefore, defendant No.3 was the exclusive owner of the property and he had obtained N.A. permission on 06-12-1997. He then sold the plot to Kavita Girish Maindarkar on 20-08-1998 and then Kavita sold said suit plot to defendant No.1 on 03-03-1999. Defendant No.1 had made construction in the suit plot on 07-10-2000. At any point of time, the plaintif never raised any objection, and therefore, he is estopped from raising any obstacle. It is stated that, after getting knowledge of the compromise decree, the defendant No.3 has prepared / managed to forge anti-dated document styled as Will. Saraswatibai never executed any Will. She was not in sound disposing state on the date of the Will. At the most, she could have executed Will to the extent of 1/2 share or undivided share from the suit plot.