MAHADEV LAXMAN WAGLE Vs. GOVIND PARASHRAM WAGLE

JUDGEMENT

(1.) The relation of the parties, concerned in this appeal is shown in the following genealogical tree:

(2.) Plaintiff sued for partition alleging that he was entitled to a one-third share, and that the plaintiff and defendant No. 1 and Laxman were in union. Various defences were raised, including the defence that the property in suit was not joint property but had been separately acquired.

(3.) The Subordinate Judge in the Court of trial gave the plaintiff a one-third share in a certain, portion of the properties. On appeal, the District Court has allowed the plaintiff partition in all the immoveable properties, awarding him the third share which was claimed.