Nos.2, 3, 4, 7, 8 and 9 in the suit. Plaintiff Khelaba’s sisters Kasturibai and Shevanta were also included as Defendant Nos.5 and 6 to the suit for partition. In the suit, it was Plaintiff contended that he has a share in the suit properties at village Padsali and village Kalman. The suit properties are described in paragraphs 1A to 1C of the Plaint. When the Defendant Nos.2, 3, 4, 7, 8 and 9 (contesting Defendants) appeared in the suit, in addition to defending the suit for partition on merits, they also raised the plea that in addition to the three properties, the agricultural land bearing Gat No.877/2 at Kurul, Taluka Mohol, District Solapur was also joint family property, which ought to have been included in the list of the suit properties. It was contesting Defendants’ claim in their Written Statement that the land property at village Kurul was purchased in the name of Plaintiff through the joint family income and therefore the contesting Defendants had a share in the land property at Kurul as well. The Trial Court as well as the First Appellate Court rejected the contesting Defendants’ claim that the land property at village Kurul was purchased by Plaintiff out of joint family income.
