MUKUND Vs. SMT. SUKLAKSHANA BOKARE AND OTHERS

JUDGEMENT

(1.) This is first appeal under Section 96 of Code of Civil Procedure preferred by appellant/defendant No.1 against the judgment and decree dated 10.07.2000, passed by 11th Additional District Judge, Jabalpur in Civil Suit No.500-A/1994, whereby the Court declared the respondent No.1/plaintiff as owner of 1/3-1/3 shares in suit property shown in schedule 1 and 3 respectively and also owner of 1/6 share in suit property shown in schedule 2 of the plaint. The trial Court also passed a decree for partition and possession of respective shares of respondent No.1/plaintiff in suit property and also a decree for recovery of 1/3 part of rent since 12.08.1992 from appellant/defendant No.1 as mesne profit.

(2.) This is not disputed that the common ancestor of the parties Late Shri Sadashiv Rao Pohankar was the owner of suit property situated in Jabalpur and Village Purwa as shown in schedule 1, 2 and 3 annex to plaint. Smt. Yamuna Bai was his wife. They had one son Late Madhukar Rao and a daughter Smt. Sudha w/o Shri Krishna Kshirsagar. Smt. Ratna Prabha is second of wife of Madhukar Rao. There are two sons Yashwant and Mukund Rao and one daughter Sulakshana born from first wife of Madhkar Rao, who is no more. It is also not disputed that Sadashiv Rao had expired on 17.05.1959, his wife Yamuna Bai had expired on 25.11.1987, later on Madhukar Rao had expired on 16.07.1990 and his son Yashwant had also expired on 07.05.1982 prior to death of Madhukar Rao. Smt. Ratna Prabha widow of Late Shri Madhukar Rao had expired during pendency of appeal. The genealogy of parties are shown as under:-

(3.) The plaintiff's suit in brief is that in life time of Smt. Yamuna Bai an oral partition of the joint family property had taken place in the year 1971 and in that partition Late Shri Madhukar Rao had received the property as shown in plaint schedule 1, Smt. Yamuna Bai was given the land shown in schedule 2 and Late Yashwant had been given the land shown in schedule 3 annexed to the plaint apart from some more land which has been acquired by the State Government for construction of medical college. In this partition, the plaintiff, Mukund Pohankar and Smt. Sudha had also received separate land. Later on Yashwant had been died on 07.05.1982, he was unmarried and issue less. Therefore, his property devolved on his father Madhukar Rao, thus Madhukar Rao became owner of disputed property shown in schedule 1 and Yamuna Bai died on 25.11.1987 and on her death, her property devolved in equal shares to Madhukar Rao and Smt. Sudha. Madhukar Rao had expired on 16.07.1990 and on his death, his property devolved on the plaintiff, his son Mukund Rao and wife Smt.Ratna Prabha in equal shares. Thus, the plaintiff has 1/3 share in the property shown in schedule 1 and 3 annexed to the plaint and also 1/6 share in the property shown in schedule 2 of the plaint.