VRINDAVANIBAI SAMBHAJI MANE Vs. RAMCHANDRA VITHAL GANESHKAR

JUDGEMENT

(1.) The appellant Vrindavanibai was the original defendant No. 1 in the suit filed by Vithalrao Ganpatrao Ganeshkar in the Court of the Civil Judge, Junior Division, at Pune. The present respondents 1 to 5 are the heirs and legal representatives of the original plaintiff Vithalrao Ganpatrao Ganeshkar. The suit was filed for a declaration that the plaintiff was the owner of the suit property which consists of a house bearing No. 674, Narayan Peth at Pune.

(2.) The suit/property originally belonged to one Rangubai Maruti Ganeshkar. She died on 28-2-1947 and her property was inherited by her daughter Babubai Sonba Pawar. Babubai was widowed in childhood. She had no children. She was in possession of this house till her death. She resided in one of the rooms in this house. The other rooms were rented out. In her lifetime she was managing this property, recovering rent and maintaining herself from this income. Babubai's mother had a sister Gangubai. Gangubai had two daughters - Vrindavanibai and Indubai who are the appellant and respondent No. 2 before us. Babubai had good relations with the appellant Vrindavanibai and her husband. The appellant often visited Babubai and generally looked after her. Babubai died on 27-11-1963 on account of a heart attack. She was 50 years of age at the time of her death. prior to her death, she made a will dated 25-7-1963 under which she has given all her properties to the appellant. Accordingly, the appellant claims to be the owner of the property which is the subject matter of dispute in the present proceedings.

(3.) The original plaintiff Vithalrao Ganpatrao Ganeshkar was Rangubai's husband's brother's son. From the evidence which is on record, it is apparent that the original plaintiff or his family had not kept in touch with Babubai during her lifetime. His son, who gave evidence at the trial, was not able to say anything about how Babubai maintained herself during her life. Under the Hindu Succession Act by which the parties are governed the original plaintiff would be the heir of Babubai had she died intestate.