KRUSHNABAI B ULWEKAR Vs. GOPAL SHANKAR ULWEKAR

JUDGEMENT

(1.) THE Appellants have challenged the judgment of the Bombay city Civil Court dated 21. 3. 2005 disposing of the two suits filed by two branches of one family in respect of the same suit property. Common evidence has been led in both the suits.

(2.) IT would be necessary to understand the family tree first. One Dharma was the great grand father of the parties. He had 5 sons viz. Bhiku, Sowar, Bama, Pandu and Aditwar. Sowar's son Bhiwa has filed one suit. Aditwar's son Shankar has filed another suit. Shankar having expired, his children gopal and Manohar have been brought on record. For the sake of convenience, the two branches shall be referred to as that of "bhiwa" and "shankar".

(3.) IT is an admitted position that after the death of dharma in the year 1930- 31, his five sons separated the agricultural lands, part of which are the suit properties, which were divided amongst them. Survey No. 24, Hissa no. 1, admeasuring 1 acre 26 guntha s, survey No. 15, Hissa no. 4 admeasuring 1 acres 10 gunthas and survey no. 11 /14 - admeasuring 6 gunthas came to the share of sowar hence, Bhiwa's branch. These lands were transferred in the Revenue records in the name of Sowar. Hence, Sowar came to be in possession and came to be shown as the owner of 3 acres and 3 guntha s.