IMPORTANT POINT
There would be presumption of jointness in a family governed by Hindu law.

JUDGMENT :

SANJAY KUMAR, J

1. Leave granted.

2. The plaintiff in Spl. C.S. No. 286 of 2005 on the file of the learned Civil Judge (Senior Division), Amravati, is the appellant before us. In one appeal, he assails certain findings recorded by a learned Judge of the Nagpur Bench of the Bombay High Court in the judgment dated 24.11.2018 in Second Appeal No. 38 of 2009, arising therefrom. In the other appeal, his challenge is to the order dated 22.03.2019 of the very same learned Judge of the Bombay High Court, Nagpur Bench, in Misc. Civil Application (Review) No. 46 of 2019 in Second Appeal No. 38 of 2009.

3. Spl. C.S. No. 286 of 2005 was filed by the appellant for partition and separate possession of the suit schedule properties, which included houses and agricultural lands. Defendant Nos. 1 to 6 in the suit were the widow and progeny of the plaintiff’s deceased brother, Laxmanrao Navkhare. Defendant No. 7 was the wife of the plaintiff. Defendant Nos. 1 to 4 filed a counter-claim in the suit seeking a perpetual injunction restraining the plaintiff from obstructing them from carrying on the business. By judgment dated 29.02.2008, the Trial Court decreed the suit in part, holding that the plaintiff was entitled to partition and separate possession of a half-share in the agricultural land in Survey No. 22/1-A at Mouza Shendola, Taluk Teosa, District Amravati. According to the Trial Court, this agricultural land alone was proved to be ancestral property, belonging to the plaintiff and his deceased brother, while the rest of the properties were the self-acquired properties of late Laxmanrao. The Trial Court further held that late Laxmanrao was the sole proprietor of the business concern named ‘Gajanan Automobiles’ and the plaintiff had no interest therein. The counter-claim of defendant Nos. 1 to 4 was accordingly decreed.

4. Aggrieved by the judgment of the Trial Court, the plaintiff filed Regular Civil Appeal No. 69 of 2008 before the learned District Judge-III, Amravati. By judgment dated 14.11.2008, the Appellate Court held in favour of the plaintiff on all counts and decreed his suit in its entirety. The plaintiff was held to have a half-share in all the suit properties. The counter-claim of defendant Nos. 1 to 4 was dismissed.

5. Assailing this reversing judgment of the Appellate Court, defendant Nos. 1 to 6 filed Second Appeal No. 38 of 2009 before the Nagpur Bench of the Bombay High Court. The second appeal was dismissed, vide judgment dated 24.11.2018. Significantly, the learned Judge observed therein that the conclusion of the Appellate Court that the business was joint from 1991 was not a perverse finding. On the strength of this observation, defendant Nos. 1 to 6 filed a review petition in Misc. Civil Application (Review) No. 46 of 2019 contending that as the garage business started by Laxmanrao was a joint business only from 1991, properties which were acquired prior thereto would not be liable for partition, as such properties could not be treated as joint properties of late Laxmanrao and his brother, the plaintiff. They prayed for modification of the judgment dated 24.11.2018 in Second Appeal No. 38 of 2009 by excluding two plots of land in Survey No. 17/2 at Mouza Saturna and the agricultural lands in Survey Nos. 6/1 and 59/07 at Mouza Nimbura. By order dated 22.03.2019, the very same learned judge, who had dismissed the second appeal earlier, accepted their plea and held that, while maintaining the decree for partition and separate possession as passed, the properties covered by Exs. 205, 224 and 226 in Survey No. 17/2 at Mouza Saturna and the properties in Survey No. 59/07 at Mouza Nimbora covered by Ex. 316 and the property in Survey No. 6/1 at Mouza Nimbora covered by Ex. 317 were liable to be excluded from partition. The aforestated order dated 22.03.2019 and the observation in the second appeal judgment that the garage business became joint only in the year 1991 are called in question presently before us.

6. Parties sh