JUDGMENT - Bavdekar, J.

1. The property in the suit, from which the present appeal arises, originally belonged to a joint family consisting of two brothers, Shripati and Shankar. Shankar died first leaving a widow Gajara, who was the plaintiff in the suit. On 11-5-1945, Shripati executed a sale deed of all the properties of the joint family in favour of defendant No. 1 for Rs. 700, and the properties are since then in the possession of defendant No. 1. Shripati died in September 1945.

On 28-8-1947, the plaintiff gave a notice to defendant No. 1, and then she instituted the present suit for partition and separate possession of her half share in the lands, which were conveyed by Shripati to defendant No. 1. The defence was that Shripati was suffering from T. B.; that he had already incurred debts, because he had to undergo heavy expenses for his treatment in the Wai hospital, and that he had also further necessity of moneys for his treatment. It was the case of defendant No. 1 besides that in any case he had made inquiries and had satisfied himself-as to the existence of the necessity, and the inquiries being bona fide, he was protected.

2. The learned appellate Judge has found upon thi

Click Here to Read the rest of this document