ORAL JUDGMENT - Heard both the learned advocates at length as it was agreed to decide the matter finally at admission stage.

2. The Appellant-original Plaintiff in Regular Civil Suit No. 86/1985 has preferred this appeal against the judgment and order passed by the Court of 3rd Additional District Judge, Solapur whereby the judgment and order passed by the Civil Judge, Junior Division, Barshi dismissing the plaintiffs suit for declaration and partition was confirmed and appeal was dismissed. For the sake of convenience hereafter parties shall be referred to as 'Plaintiff' and 'Defendants'.

3. The brief facts giving rise to this appeal are as under :-

Plaintiff Gangubai Bhagwan Kolhe is the wife of Original Defendant No. 1 (He died during the pendency of the suit on 13-5-1992). The Defendant Nos. 7 and 8 are the daughters of Plaintiff and defendant No.1. The defendant Nos. 2 to 6 are purchasers of the suit property.

4. According to Plaintiff, Ithe suit properties which are as agricultural lands and house property described in detail in paragraph-l of the plaint are ancestral properties of the defendant No. 1. It is the case of Plaintiff that for few years, defendant No. 1 treated her properly. Out of the said wedlock, they have two daughters i.e. defendant Nos. 7 and 8. It is Plaintiffs case that defendant No. 1 was addicted to vices of gambling and drinking. Some time in the year 1982-83, defendant No. 1 drove her out of the house. She, therefore, filed Miscellaneous Application under section 125 of Criminal Procedure Code and claimed maintenance. With a view that Plaintiff should not get any share in the property, the defendant No. 1 sold the suit land bearing Gut No. 202 to defendant No.2 on 7-7-1980. Similarly, on 22-2-1983, the defendant No.1 sold Gut No. 204 to defendant No.3. According to Plaintiff, both these Sale Deeds are without consideration and as such null and void. Besides this, there was in fact no legal necessity for sale of the said ancestral property. Plaintiff, therefore, issued notice to the defendants on 11-6-1983. But the defendant No.3 gave false reply. During the pendency of the suit, the defendant No. 1 sold Gut No. 207 to Defendant No. 4 Hiraji Abbas Shaikh hence he was impleaded in the suit. The house property bearing No. 1028 was also sold by the defendant to defendant No.5. According to Plaintiff, all these Sale Deeds were not binding on her as she was having one half share in the suit property. Hence, Plaintiff filed the present suit for declaration that the abovementioned Sale Deeds are null and void and also prayed for partition and separate possession of. her one half share in the suit property. Alternatively, she prayed that in case it'is found that such share can not be given to the Plaintiff, then defendant No.1 be directed to pay maintenance of Rs. 250/- per month to her and charge of the said maintenance amount be kept on the suit property.

5. The defendant No.1 filed his Written Statement at Exh-21 and opposed the suit claim. Firstly, he contended that the suit properties are not the ancestral properties and Plaintiff is not having any share in the same. He also denied that Plaintiff is his legally wedded wife and she has two daughters from him. He also denied the allegations that he was addicted to vices. He, however, admitted that maintenance application bearing No. 74/1983 was filed by Plaintiff against him. According to him, Plaintiff was originally residing at Barshi. She used to come to Pangri for selling vegetables. As she had no place to reside and was acquainted with him, he used to allow her to stay in his house whenever she used to come to Pangri. However, taking undue advantage of the same and finding that he is not having any issue, with a view to grab the suit property, the Plaintiff has filed the false suit. He, therefore, prayed for the dismissal of the suit.

6. Defendant No.2 Gururaj Dagdu Kolhe filed Written Statement at Exh26 and also contended that the suit property wa

Click Here to Read the rest of this document