P.R.BORKAR
Lachmabai w/o. Hanumant – Appellant
Versus
Vithabai w/o. Laxman Namawar – Respondent
Certainly. Based on the provided legal document, here are the key points summarized with appropriate references:
The appeal is filed against a decree of partition and separate possession, which was initially dismissed by the Civil Court but later reversed by the appellate court, leading to the current second appeal (!) .
The original parties include Hanumant and Maruti, who are brothers, with Hanumant's widow Lachmabai and their son Laxman involved as heirs or claimants. The land in question includes Survey Nos. 182 and 298 at Tamloor village [4000302540001].
The suit filed by the respondents seeks partition and possession, and challenges the validity of a sale deed executed by Lachmabai in favor of Maruti, claiming it to be void [4000302540003].
The land was purchased and managed under applicable tenancy and agricultural land laws, with certain transactions being deemed invalid or only invalid, not null and void, due to contraventions of relevant legal provisions (!) (!) .
The deceased Hanumant had sold various portions of the joint family property during his lifetime, which were not challenged, and such sales are protected as acts for the benefit of the estate and legal necessity [4000302540023].
The court recognizes that certain alienations made after Hanumant’s death, especially those executed by Lachmabai, may be invalid if done without proper permission, but these do not automatically render the transactions null and void; rather, they are invalid and subject to further proceedings (!) (!) [4000302540025].
The prior suit regarding the same property, which resulted in a decree of perpetual injunction, does not amount to a transfer or create an interest, and does not operate as res judicata for the current suit [4000302540012][4000302540022].
The court emphasizes that the shares of the parties should be properly determined, and that alienations made by Hanumant during his lifetime, which were not challenged, are protected. The shares are to be divided accordingly, considering the death of Laxman and the inheritance rights of Lachmabai and the respondents [4000302540029].
The sale deed executed by Lachmabai in favor of Maruti in 1968 is not binding on the respondents to the extent of their shares, especially as Lachmabai lacked the authority to sell the property after Hanumant’s death [4000302540027].
The court modifies the decree, ordering partition of the specific land, with each respondent receiving a 1/6th share, and the remaining 4/6th share allocated to the legal representatives of Maruti. The sale deed in favor of Maruti is declared not binding to the extent of the respondents' shares (!) (!) .
The parties are directed to identify and partition the land as per the court’s instructions, and the sale deeds executed prior to the suit are protected unless challenged within the prescribed period [4000302540024].
The appeal is partly allowed, and the decree of the lower appellate court is modified accordingly, with each party bearing their own costs (!) .
Please let me know if you need further analysis or clarification on any specific aspect.
This is an appeal preferred by the original defendants being aggrieved by the decree of partition and separate possession passed by the III Additional District Judge, Nanded while deciding Regular Civil Appeal No.174 of 1981 on 17th June, 1987. By the said decree the learned Additional District Judge reversed the judgment and decree passed in Regular Civil Suit No.53 of 1974 decided on 30th March, 1981, whereby the original suit for partition was dismissed by the learned Civil Judge.
2. Some of the facts giving rise to this appeal are admitted at this stage and it is preferable to set them out at the outset. . One Piraji Koli had two sons Hanumant and Maruti. Maruti is present appellant No.2 who was also original defendant No.2. He died on 31.07.1987 after decision of first appeal. Hanumant expired on 23.09.1968. Appellant No.1 Lachmabai was his widow. She died pending this appeal on 11th June, 1999. Lachmabai had a son Laxman who has been missing since about 3-4 years prior to 1969. It is also said that he was lunatic. Present respondent No.1 Vithabai is wife of Laxman and present respondent No.2 Gangabai is his daughter. Vithabai and Gangabai are original plaintiffs
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