- (1.) THIS first appeal is by the defendants who are aggrieved by the preliminary decree passed by the trial Court, declaring that the respondents are entitled to their 2/3rd share in the suit property and the appellant to a 1/3rd share. The trial Court has also directed that a Commissioner be appointed to separate the said share of the suit property.
(2.) THE parties are referred to hereinafter as per their status before the trial Court. Plaintiff No.1 Gajanan Satardekar and defendant No.3 Rajaram Satardekar are the younger brothers of the defendant Savlaram Satardekar. Plaintiff No.2 is the wife of the first Plaintiff and Plaintiffs No.4 to 7 are the children of Plaintiff No.3. Plaintiff No.8 is the husband of Plaintiff No.7.
(3.) THE suit property is a piece of land, admeasuring 800 sq. metres, surveyed under Survey No.386/2 at Aldona and a house thereon. According to the Plaintiffs they jointly purchased, on 15 2 1964 , this piece of land. They then obtained a loan from Junta de Comercio Externo and constructed a house thereon. They, therefore, sought a declaration of their share. The defendants resisted the suit and claimed that defendant No.1 alone had purchased the suit property and constructed the house thereon with his own money. He claimed that he had entered the names of plaintiffs No.1 and 3 to the sale deed of the land in "good faith". However, he constructed the house by spending his own money.;