LAWS(MPH)-2013-10-88

PANDHARI Vs. KALABAI

Decided On October 08, 2013
Pandhari Appellant
V/S
Kalabai Respondents

JUDGEMENT

(1.) This appeal under Section 100 of CPC is at the instance of the defendants in the suit challenging the judgments of the two courts below. The trial court by the judgment dated 6th September 1991 had decreed the CS No. 2-A/88 filed by the respondents No. 1 to 3 (original plaintiffs Mangubai, Kalabai and Dayabai). The first appellate court by the judgment dated 14/2/2000, by dismissing the civil appeal No. 47-A/98, has affirmed the judgment of the trial Court.

(2.) The relationship between the parties is not in dispute. Viththal and Narayan were the two sons of Rajaram.Janakibai was the wife of Viththal and Sitabai was wife of Narayan. Viththal had two sons namely Babu and Raghunath and Narayan had four daughters namely Mangubai, Kalabai, Dayabai and Shantabai. Babu had three sons Pandhari, Kadwa and Lakhan, whereas Shantabai had three daughters Shashi, Basanti and Sevanti.

(3.) The plaintiffs Mangubai, Kalabai and Dayabai had filed the suit pleading that the suit properties were the joint family properties of Viththal and Narayan. Both Viththal and Narayan had died and thereafter Babu, Vimalabai and Sitabai had continued in possession of the suit properties and Sitabai had received half share of Narayan in the suit properties. Sitabai had died in 1975 and the plaintiffs being daughters of Sitabai had inherited her property. No partition had taken place between Viththal and Narayan or Viththal and Sitabai or Sitabai and Babu. Without knowledge of the plaintiffs, certain properties were entered in the name of defendants No. 4 to 6 and since the plaintiffs were not given their share in the suit properties, they have filed the present suit for partition, possession and mesne profits.