KASHINATH Vs. BAJIRAO

JUDGEMENT

(1.) THIS appeal is by the plaintiff, which was admitted on the following substantial questions of law:-

(2.) THE original plaintiff had filed the suit on the ground that she is a real sister of defendants and their father late Shyamu died in the year 1970. On the death of father of the parties to the suit, the property held by him devolved on the plaintiff as well as the defendants. It is the case of the plaintiff that she had 1/6 t h share in the property left by her father. On 31.5.1979, the plaintiff sent notice demanding partition. Thereafter she filed the suit seeking the relief of partition and separate possession.

(3.) BEING aggrieved by the aforesaid decree, the plaintiff as well as the defendant No.1 preferred an appeal. The Lower Appellate Court vide judgment and decree dated 28 t h December, 1995 interalia held that the plaintiff in paragraph-9 of her examination has stated that since the defendant No.1 got share in the property, she did not file the suit for partition. The Lower Appellate Court came to the conclusion that the plaintiff was paid a sum of Rs.7,000/- in lieu of her share in the property. It was further held that defendant No.1 has remained in possession of property for more than 12 years therefore, he has acquired the title by adverse possession. Accordingly, the decree passed by the trial Court was set aside and the claim as well the appeal filed by the plaintiff was dismissed.