SAKHARAM SATU SALUNKHE Vs. SHAMRAO MARUTI SALUNKHE

JUDGEMENT

(1.) The plaintiff sued to recover by partition one-ninth share in the plaint property together with mesne profits and costs.

(2.) The original Court, namely, the Court of the Second Class Subordinate Judge of Vita, allowed the plaintiff's claim but awarded one-twelfth share instead of one- ninth and also directed that it should be by equitable partition, that is, the property already gifted to the plaintiff and his two brothers should be taken into account.

(3.) On appeal, the District Court of Satara dismissed the suit on the ground that the plaintiff was not entitled to claim partition. The plaintiff has appealed, as also his two brothers, original defendants Nos. 1 and 2.