In a second appeal regarding a partition suit, the bench held that no substantial question of law arose. The previous appellate courts found that the appellants were tenants, not joint family property holders, and the sale deed was an attempt to defeat plaintiffs' rights with no factual error.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
The
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIVIL APPELLATE JURISDICTION
SECOND APPEAL NO.413 OF 2004 .
Sakharam Sambhu Jadhav. ... Appellant. Versus. Prakash Sakharam Jadhav and others. ... Respondents. Shri Pratap Patil for the Appellant.
CORAM : ABHAY S.OKA, J.
DATED : 8th August, 2006.
P.C.:
| 1. | Heard the | learned Ad | vocate app | earing for the | |||
|---|---|---|---|---|---|---|---|
| Appellant | . | The | Appeal | is | filed by |
the | original |
| Defendan | t | No.3 in |
a | suit |
for partition w |
hich is |
decreed |
| in |
favour | of th |
e R |
espondents | Nos.1 and |
2, who |
are |
| original | Plaintiffs. | The | decree | has been |
confirmed | in | |
| appeal | by the |
District | Court. | Shri Patil |
appearing |
for |
|
| the | Appe | llant subm |
itted | that | in respect |
of | three |
| agricultur | al | lands | decree | for | partition could |
not | have |
| been | passed | as the |
said | lands | cannot be said |
to be |
joint |
| family | properties, as |
the |
same | are held as |
tenants. | He | |
| submitted | that the |
sale | deed | executed in fav |
our of |
the | |
| Appellant | has not |
bee | n chall |
enged in this |
suit |
and |
therefore, the said sale deed was binding on all the
concerned parties.
| 2. | I | have | consid | ered | the | submissio | ns. | |||||
|---|---|---|---|---|---|---|---|---|---|---|---|---|
| Appellate | Court | as | we | ll | as the |
trial | Court |
have | held | |||
| that | three | agri | cultura | l | land | s | were | held | by |
Sambhu | Amruta | |
| Jadhav | as | a | tenant | who | was | the | father | of | the | original |
: 2 :
| Defend | ant No.1. |
Af | ter | the | demis | e of |
the |
said | Sambhu | in |
|---|---|---|---|---|---|---|---|---|---|---|
| the | year 1960, |
name | of | the | Defe | ndant | No.1 | was | mutated | in |
| the | revenue | records. | That | is | the | reason | why | the | case | |
| made | out by |
the | De | fendant | No.1 | that | he | is | the | only |
tenant in respect of the three agricultural lands has
not been accepted.
| executed | in favour of |
the | ori | ginal De |
fendant | |
|---|---|---|---|---|---|---|
| No.3-Ap | pellant is concerned, the |
A | pp | ellate | Court | has |
| dealt | with the submissions made |
as | regards | the said |
sale | |
| deed. | The Appellate Court has |
he | ld | that |
the A |
ppellant |
| did | not step into the witness |
box | to e |
stablish that |
she | |
| has | really purchased the property |
u | nd | er the |
sale | deed. |
| The | Appellate Court has held |
that | the sal |
e deeds |
were | |
| executed | only with the object o |
f | d | efeating | the rights |
of |
| the | original Plaintiffs. In view |
of | the | said finding |
of |
|
| fact | no interference is called |
for | in th |
e second |
appeal | |
| under | section 100 of the Code |
of | Civil |
Procedure, | 1908. | |
| There | is no substantial question |
of | law | arising in |
this |
Appeal. Hence the appeal is dismissed with no order as
to costs.
Judge.
2 issues framed by the court
Whether the decree for partition passed in the suit can be challenged in a second appeal under Section 100 of the CPC.
Whether the appellant has a substantial question of law arising regarding the sale deed executed in favour of the original Defendant No. 3.
1 provisions across 1 enactments
Sakharam Sambhu Jadhav
Prakash Sakharam Jadhav
Abhay S. Oka
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
