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2010 Supreme(Bom) 307

C.L.PANGARKAR
Ananda Krishna Tate (Since Deceased by L. Rs. ) – Appellant
Versus
Draupadibai Krishna Tate – Respondent


Advocates appeared:
Mrs. A.R.S. BAXI, for the Appellants.
Mr. P. K. HUSHING, for Respondent No. 1.

JUDGMENT:- This second appeal is filed by the original defendant No.1 who suffers a decree for partition and separate possession as well as setting aside alienation. [The parties shall be hereinafter referred to as the Plaintiffs and Defendants]. Few facts giving rise to this appeal are as under:

2. Respondent No.1 - Plaintiff instituted a suit for partition and separate possession. It is her case that the suit property belongs to her husband. Her husband died in the year 1959 leaving behind him, his widow the Plaintiff, Defendant Nos.1 to 5 as his sons, Defendant Nos.6 to 13 as the heirs of his another son by name Ganpati. After the death of Plaintiffs husband Krishna, name of Defendant No.1, being the eldest son, came to be recorded as a manager of the joint family in the revenue record. One of the sons of the Plaintiff and Krishna died in the year 1974 and Defendant Nos.6 to 13 are his heirs. It is the contention of the Plaintiff that the Defendant Nos.2,3,4 and 5 have no avocation and they are addicted to vices, and therefore, they are not living in the joint family while Defendant No.2 has been living with the Plaintiff. It is the contention of the Plaintiff that the parties ow




































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