BALKRISHNA S DALWALE Vs. VITHABAI C RATHOD

JUDGEMENT

(1.) This appeal has been preferred against the judgment and decree dated 18.10.2001 passed in Second Appeal No. 191 of 1991 by the High Court of Bombay by which the Second Appeal filed by the appellants against the judgment and decree of the First Appellate Court dated 31.12.1990 passed in Civil Appeal No. 828 of 1987 by which it reversed the judgment and decree of the Civil Court dated 18.2.1987 passed in Civil Suit No. 558 of 1975 filed by the respondents, has been dismissed.

(2.) Facts and circumstances giving rise to this appeal are that one Smt. Ratnabai Shankar Dalwale had inherited the suit property from her father. She had four daughters, two of them namely, Champabai and Sitabai died long back i.e. prior to the date of receiving the property by Smt. Ratnabai Shankar Dalwale. The original owner, Ratnabai Shankar Dalwale died on 2.5.1965 and her husband Shankar Dalwale had died in 1952. Thus, at the time of her death, Smt. Ratnabai Shankar Dalwale had two daughters, namely Vithabai and Krishnabai, who acquired the suit properties by Will dated 24.6.1963, executed by Smt. Ratnabai Shankar Dalwale. After the death of Smt. Ratnabai Shankar Dalwale, her two daughters Vithabai and Krishnabai (respondents/plaintiffs) (hereinafter called respondents) become absolute owners of the properties. The Will stood proved upto the High Court and attained finality. The said Vithabai and Krishnabai, sisters permitted their deceased sister Champabais son Balkrishna (appellant/defendant) (hereinafter called the appellant) to occupy two rooms free of rent out of love and affection. Subsequently, respondents, the original owners sent a notice to said Balkrishna-appellant to vacate the said premises on 21.2.1975. However, Balkrishna-appellant vide reply dated 10.3.1975 resisted his eviction claiming ownership of the House No. 621, Ganesh Peth, Pune. Respondents, the original owners of the suit property, namely Smt. Vithabai and Smt. Krishnabai filed Civil Suit No. 558 of 1975 before the Civil Court, Pune in 1975 for eviction of the said Balkrishna-appellant.

(3.) During the pendency of the suit, a document was prepared on 27.10.1981 purported to be a partition suit, wherein the appellant-Balkrishna had been given the accommodation which he was occupying and some additional open space for lavatory and bathroom. However, the document was duly signed by the respondents-plaintiffs and their sons also appeared as marginal witnesses. Appellant-Balkrishna also signed the said document as a witness. It was an unstamped and unregistered document. The appellant- Balkrishna filed the said document dated 27.10.1981 by amending the written statement on 1.4.1986 and claiming the title of that part of the property on the basis of the same.