GULABRAO ANANDRAO Vs. RAMJI ANANDRAO

JUDGEMENT

(1.) THIS appeal arises out of a litigation between members of a Hindu family. The appellant Gulabrao, son of Anandrao Zadc, is the original defendant No. 2.

(2.) THE suit was filed by two plaintiffs, who are brothers of the appellant, namely plaintiff No. 1 Ramji and plaintiff No. 2 Gunderao, both sons of Anandrao Zade, who died on March 9, 1938, leaving behind four sons, Shamrao (defendant No. 1), Gulabrao (defendant No. 2 -appellant), Ramji (plaintiff No. 1) .and Gunderao (plaintiff No. 2), and three sons of a deceased son Vithoba. The three sons of the deceased Vithoba are defendants Nos. 3 to 5. Anandrao also left behind him his widow Radhabai who died on April 16, 1951. The two plaintiffs filed the suit for partition and separate possession of their 2/5ths share in the joint family properties mentioned in Schedules A and B attached to the plaint. Schedule A refers to the immovable property and Schedule Bi refers to the movable property i.e. ornaments, household utensils, cattle and cash. The immovable properties are fields at mouza Khumari, monza Jirola, mouza Chargaon, mouza Raulgaon, and houses and kothas at mouzas Khumari and Dorii and an open site at Khumari.

(3.) IN this appeal it is not necessary to refer to all the points of contention between the parties at the time of the suit because in appeal only one point has been tirged. In appeal it is urged that the lower Court, namely, that of the 5th Additional District Judge, Nagpur, which had pass -ed a preliminary decree in favour of the two plaintiffs, for their 2/5ths share in the joint family properties, erred in holding that the fields at Chargaon and Raulgaon and the houses and kotha at Dorli are joint family properties. The contest in appeal between the parties relates only to these properties.