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2001 Supreme(Bom) 1138

R.J.KOCHAR
Anant Shripati Kodre – Appellant
Versus
Sukharam Shripati Kodre & others – Respondent


JUDGMENT - R.J. KOCHAR, J.:---Joint families most of the times wreck on the rock of the joint families properties. Lis has always been amongst the blood relations-father, sons and brothers in respect of properties. In the present case the original plaintiff is the brother of the original defendants. He filed the present suit for partition and separate possession of his 1/3rd share in the properties shown in paragraph 5-a of the plaint, being ancestral lands. According to the plaintiff the other properties shown in paragraphs 5-b and 5-f were purchased from the income from the ancestral lands. The plaintiff has also alleged that the house properties shown in paragraph 5-f and 5-g were also purchased from the income of the joint family property. The defendants 1 and 2 contended that during the life time of Shripati, the father of plaintiff and the defendant No. 1, the plaintiff was given gold and silver in lieu of his share and he decided to quit the family because of domestic quarrels. The defendants have therefore contended that the plaintiff now cannot claim any share in any property. They have also contended that except the lands shown in para 5-1 of the plaint all the properties































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