S.G.MEHARE, J. - (1.)The legal heirs of the legal heir of the original plaintiff, Housabai, are pursuing this second appeal against the judgment and decree of the learned 3rd Additional District Judge, Ahmednagar, passed in Regular Civil Appeal No.446 of 1987 dtd. 19/6/1993.
(2.)The appellant will be referred to as the 'plaintiff', and the respondents will be referred to as the 'defendants'.
(3.)The plaintiff's case in brief was that her husband died in 1934, leaving behind her and a daughter. He had landed properties, described in para No. 1 of the plaint (those will be referred to as "the suit lands"). They had no male child. Therefore, on 19/6/1946, she adopted the son of her stepbrother and named him Eknath. She was residing with her adopted son and in joint possession of the suit lands. Her adopted son started harassing her. She turned old. Hence, she went to reside with her daughter for 8 to 10 years. She was treating her with love. Defendant No. 1, in collusion with the revenue officer, got recorded 3 aane and 2 pai shares in her name. She had % share in the suit lands. Deceased Eknath sold Gut no. 147 to defendants Nos. 6 to 9 on 25/5/1968 and Gut No. 135 to defendant Nos. 10 to 12 on 30/10/1971. Those sale deeds are not binding on her. The defendants did not give her a share in the income from joint properties. They did not care about her. Gut Nos. 392, 150, and 81 were in possession of the defendants Nos. 1 to 5. She sought partition to the defendant Nos. 1 to 5 in April 1976. They denied. Hence, she filed a suit for partition, separate possession, the share in the income from suit fields for the last three years and a declaration that the sale deeds executed in favour of the defendant Nos. 6 to 12 are not binding on her.