KESHARBAI @ PUSHPABAI EKNATHRAO NALAWADE Vs. TARABAI PRABHAKARRAO NALAWADE
LAWS(SC)-2014-3-27
SUPREME COURT OF INDIA (FROM: BOMBAY)
Decided on
March 14,2014
Kesharbai @ Pushpabai Eknathrao Nalawade
Appellant
VERSUS
Tarabai Prabhakarrao Nalawade
Respondents
Referred Judgements :-
BHAGWATI PRASAD SAH AND ORS. VS. DULHIN RAMESHWARI KUER AND ANR. [REFERRED TO]A RAGHAVAMMA VS. A CHENCHAMMA [REFERRED TO]
Cited Judgements :-
KAPILDEO SINGH & ORS VS. JAMUNA SINGH & ORS [LAWS(PAT)-2015-9-19] [REFERRED TO]RAYADURGAM SUBRAMANYAM VS. RAYADURGAM GANGAIAH [LAWS(APH)-2020-1-23] [REFERRED TO]
BETTACHARI SINCE DEAD BY HIS LRS VS. JAYAMMA [LAWS(KAR)-2020-7-326] [REFERRED TO]
SARSWATI KUAR VS. FULKALI KUAR [LAWS(JHAR)-2022-9-67] [REFERRED TO]
BISAUHA SINGH VS. BALDAU SINGH [LAWS(CHH)-2019-8-174] [REFERRED TO]
PURANIK CHANDRAKAR VS. JIVRAKHAN CHANDRAKAR [LAWS(CHH)-2020-9-45] [REFERRED TO]
V. SUBRAMANI VS. V. RENUGOPAL [LAWS(MAD)-2019-8-469] [REFERRED TO]
SANJEET KUMAR S/O LATE N K PRASAD VS. KRISHNA CHANDRA PRASAD SAH S/O LATE RAMSWAROOP SAH [LAWS(PAT)-2015-4-3] [REFERRED TO]
SUKHDEV S/O RAMRATAN MAHAJAN AND OTHERS VS. SARVESHWAR S/O BHANWARLAL RATHI AND OTHERS [LAWS(MPH)-2018-1-379] [REFERRED TO]
DURYODHAN SAHU (SINCE DEAD) THROUGH L RS AND OTHERS VS. JANMAJAYA SAHU AND OTHERS [LAWS(ORI)-2017-8-59] [REFERRED TO]
JUDGEMENT
SURINDER SINGH NIJJAR, J. -
(1.)LEAVE granted.
(2.)THIS appeal has been filed against the judgment and decree dated 23rd March, 2009 of the High Court of Bombay (Aurangabad Bench) rendered in First Appeal No.468 of 2004 whereby the High Court has partly allowed the First Appeal of the plaintiffs/respondent Nos. 1 to 3. The High Court has dismissed the suit of the plaintiffs in respect of the agricultural lands and house property at Chikalthan and Neem Dongri. At the same time, the High Court has set aside the judgment of the trial court on Issue No.3 relating to the question as to whether house bearing No.4.13.78 bearing CTS No.4705 admeasuring 138.2 sq. meters alongwith house structure standing therein situated at Nageshwarwadi, Aurangabad is the self acquired property of deceased Eknathrao.
The admitted facts are that plaintiff Nos. 1 and 2 to 4 are the wife and children of deceased Prabhakarrao s/o Saluba respectively. Defendant Nos. 7 and 8 to 12 are the wife and children of deceased Trimbakrao s/o Deorao respectively. Defendant Nos. 13 to 15 are the subsequent purchasers of land from the plaintiff. For better understanding of the inter -se relationship between the parties, it would be appropriate to reproduce here the genealogy table of the family, as noticed by the trial court:![]()
JUDGEMENT_184_TLPRE0_2014.jpg
(3.)THE plaintiffs filed a suit for partition and separate possession of half share of the plaintiffs in the following properties : -
(I) Agricultural land Gat No.453 whose survey number is 210 adms. 19 acre 1 guntha situated at village Chikalthana Tq. Kannad. (II) Land bearing Gat No.146 of whose survey number is 65 adms. 27 acre 39 gunthas situated at Nimdongri Tq. Kannad. (III) House property bearing No.725 adms. 26.39 sq. meters situated at Chikalthana Tq. Kannad. (IV) Open plot bearing CTS No.709 adms. 64.3 squ. meter known as 'Girnichi Jaga' situated at Chikalthana Tq. Kannad. (V) House bearing No.4.13.78 of whose CTS No. is 4705 adms. 138.2 sq. meters along with house structure standing thereon situated at Nageshwarwadi Aurangabad.
(2.)THIS appeal has been filed against the judgment and decree dated 23rd March, 2009 of the High Court of Bombay (Aurangabad Bench) rendered in First Appeal No.468 of 2004 whereby the High Court has partly allowed the First Appeal of the plaintiffs/respondent Nos. 1 to 3. The High Court has dismissed the suit of the plaintiffs in respect of the agricultural lands and house property at Chikalthan and Neem Dongri. At the same time, the High Court has set aside the judgment of the trial court on Issue No.3 relating to the question as to whether house bearing No.4.13.78 bearing CTS No.4705 admeasuring 138.2 sq. meters alongwith house structure standing therein situated at Nageshwarwadi, Aurangabad is the self acquired property of deceased Eknathrao.
The admitted facts are that plaintiff Nos. 1 and 2 to 4 are the wife and children of deceased Prabhakarrao s/o Saluba respectively. Defendant Nos. 7 and 8 to 12 are the wife and children of deceased Trimbakrao s/o Deorao respectively. Defendant Nos. 13 to 15 are the subsequent purchasers of land from the plaintiff. For better understanding of the inter -se relationship between the parties, it would be appropriate to reproduce here the genealogy table of the family, as noticed by the trial court:
(3.)THE plaintiffs filed a suit for partition and separate possession of half share of the plaintiffs in the following properties : -
(I) Agricultural land Gat No.453 whose survey number is 210 adms. 19 acre 1 guntha situated at village Chikalthana Tq. Kannad. (II) Land bearing Gat No.146 of whose survey number is 65 adms. 27 acre 39 gunthas situated at Nimdongri Tq. Kannad. (III) House property bearing No.725 adms. 26.39 sq. meters situated at Chikalthana Tq. Kannad. (IV) Open plot bearing CTS No.709 adms. 64.3 squ. meter known as 'Girnichi Jaga' situated at Chikalthana Tq. Kannad. (V) House bearing No.4.13.78 of whose CTS No. is 4705 adms. 138.2 sq. meters along with house structure standing thereon situated at Nageshwarwadi Aurangabad.
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