MARUTI GOPALRAO vs KHUSHALRAO NARAYANRAO - 1949 Supreme(Nagpur) 153

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

1949 Supreme(Nagpur) 153

V.R.SEN
MARUTI GOPALRAO – Appellant
Versus
KHUSHALRAO NARAYANRAO – Respondent

Advocates Appeared:
M R Bobde, R S Dabir, V V Kelkar, Advocates

JUDGMENT

V R Sen, J—The deft. Maruti seeks revn. of the order, dated 3 10-1946, rejecting his appln. for joining Tanabai (pltf. 3) & Gangabai (pltf. 4) as resps. in the appeal passed in civ. App. No. 22-A of 1946.

2. The relevant facts are : Narayanrao, father of Khushalrao & Nilkanthrao, pltfs. 1 & 2, & husband of Tanabai & Gangabai, pltfs. 3 & 4, was the original pltf. He instituted a suit on 3-8 1944 for possession of the property described in Schedule C, of the plaint & for payment of Rs. 2000 as mesne profits. His case was that Gangaram & Gopalrao (father of deft. Maruti) were his brothers. His father Daduji died in a state of jointness with him & his brothers. Gopalrao died in about 1904 in a state of jointness with the pltf. & Gangaram. At his death he left behind two sons, the deft. Maruti & Shamrao. A partition was effected between Narayanrao, Gangaram, Maruti & Shamrao on 28-1-1908. The property shown in Schedule A was allotted to Gangaram. After the date of partition, the parties enjoyed their shares of the property separately as their own property. Shamrao died shortly after the partition in a state of jointness with the deft. Maruti who became the sole owner of the prope