plead and establish the properties which came to the share of Champabai, Shreemanti and the properties which were retained by Baburao. As the suit was filed for partition, the Trial Court framed the issue No. 1 as to whether the suit properties are joint family properties. The issue No. 2 which came to be framed was, as to whether the Defendants have established the oral partition. Once it is an admitted position that there was oral partition between the parties and the parties were in possession of their respective shares there was a severance of status of the joint family property, and the issue No. 1 as regards the suit properties being the joint family properties could not have been answered in the affirmative. Once the partition has been proved the suit properties lost their status of a joint family properties and was the separate properties of Baburao. Despite there being no amendment to the pleadings and a specific case were being put forward by the Plaintiff that the suit properties were the joint family properties, the Trial Court after holding that there was a partition between the parties have thereafter answered the issue of the suit properties being joint family properties in the affirmative.
