1964 Supreme(Bom) 13
R.M.KANTAWALA
Ramdas Chimna – Appellant
Versus
Pralhad Deorao – Respondent
JUDGMENT - (1) This appeal arises from the suit filed by the plaintiffs, who are respondents nos. 1, 2 and 3 before me, for possession of survey No. 92 of mouza kopadi. The following facts are no more in dispute. One Ramji, the grandfather of plaintiffs Nos. 1 and 2 and the husband of plaintiff No. 3 was at the relevant time the owner of this survey number. He died in the year 1941 leaving him surviving his widow Bainabai, plaintiff No. 3 , and two sons Deorao and Bhaurao, who are defendants Nos. 2 and 3 respectively in the suit. Plaintiffs Nos. 1 and 2, Pralhad and Dnyaneshwar, are the sons of Deorao. There was a partition of the joint family estate on 31st December 1951 whereunder the joint family properties were partitioned between Deorao and Bhaurao. As a result of this partition, the suit field along with other properties came to the share of Bharurao. On 5th of January 1952 Bhaurao sold away the suit field to defendant No.1, who is appellant before me, for the sum of Rs. 2500/-. Subsequent to this sale deed, on 26th March 1952, there was a partition between Deorao, Defendant No., 2 and his two sons, Pralhad and Dnyaneshwar, plaintiffs Nos. 1 and 2, whereunder the properties,
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