SUDHAKAR LAXMAN SHEWALE Vs. MADHUKAR LAXMAN SHEWALE

JUDGEMENT

(1.) Second Appeal is admitted on the following substantial question of law and with consent taken up for the final hearing;

(2.) It is settled law that, a question of law would be a substantial question of law if it directly or indirectly affects the rights of the parties substantially. A question of fact becomes a question of law if the findings is either without any evidence or material or if the finding is contrary to the evidence or is perverse or there is no direct nexus between fact and the primary fact upon which that conclusion is based.

(3.) Appellant No.1 (hereinafter called 'Plaintiff') instituted the Regular Civil Suit No.94 of 2006 in the Court of Civil Judge, Junior Division, Satana, Dist: Nashik and sought partition of land Gat No.101/1A and House No.4 wherein his mother is the defendant No.8; defendant nos.1 to 7 are brothers and heirs of the deceased brother, who contended that plaintiff, being elder brother and karta of the family, sold family land bearing survey no.287/2 in December, 1972 for consideration, and purchased another land bearing Survey No.101/1A/2 in the year 1998 from such consideration and thus, land survey no.101/1A/2 is joint family property. In other words, it is their defence that land Survey No. 101/1A/12 being, not selfacquired property of the plaintiff, he ought to have offered it for partition. The learned trial Judge dismissed the suit solely on the ground, as plaintiff did not include and offer land survey no.101/1A/2 for partition.