Bombay High Court
Bapu Utarya Gavit vs Jamanabai Budha Gavit And Others on 26 November, 2018
Author: A. M. Dhavale
Bench: A. M. Dhavale
1 Sr34SA68.2014
IN THE HIGH COURT OF JUDICATURE AT BOMBAY.
BENCH AT AURANGABAD.
SECOND APPEAL NO. 68 OF 2014
Bapu S/o. Utarya Gavit ... Appellant
VERSUS
Jamanabai W/o. Budha Gavit & Ors. ... Respondents
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Mr A. S. Abhyankar h/f Mr S. V. Natu, Advocate for the appellant
Mr M. S. Kokate, Advocate for respondents No. 2 to 7
.............
CORAM : A. M. DHAVALE, J.
DATE : 26TH NOVEMBER, 2018. PER COURT :-
1. Heard Mr A. S. Abhyankar, learned counsel for the appellant.
2. An Adiwasi brother was the sole surviving co-parcener and as per law applicable to them, his two sisters had no right. Still in 1980, he had effected a mutation showing partition and the suit land was allotted to his two sisters namely; Ganga & Jamuna. He has filed this suit in the year 2003 for declaration and possession. The trial Court decreed the suit and appellate Court dismissed the appeal. The sisters have filed counter claim. The suit was dismissed and counter ::: Uploaded on - 27/11/2018 ::: Downloaded on - 28/11/2018 01:46:47 ::: 2 Sr34SA68.2014 claim was allowed and the appellate Court dismissed the appeal against both. Thus, there are concurrent findings. However, when Ganga & Jamuna are not co-parceners, there could not have been any partition and there is no registered Gift Deed or any other document transferring the title in the suit land. Considering the facts, the appeal is admitted and the following substantial questions of law are framed.
(i) Whether both the lower courts erred by not following the settled principles of law to hold that the defendants have become owners of the suit property?
(ii) Whether both the lower courts erred in not following the settled principles of law in holding that there was a valid partition and Ganga & Jamuna have become the respective owners of the suit land?
(iii) Whether the suit was within limitation?
3. In view of the narrow controversy involved, the hearing of the appeal is expedited. Mr M. S. Kokate, learned counsel waives service of notice for respondents No. 2 to 7. Respondent No. 1 is already dead.
4. Learned counsel for the appellant shall supply copy of compilation of documents and evidence to the other side within four weeks from today.
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3 Sr34SA68.2014
5. List the matter for final hearing on 28.01.2019.
[ A. M. DHAVALE ] JUDGE Punde ::: Uploaded on - 27/11/2018 ::: Downloaded on - 28/11/2018 01:46:47 :::