PADMINI BAI Vs. TANGAVVA

JUDGEMENT

(1.) Tatya died on February 2, 1955. The respondents, Tangava and Sundra Bai are the co-widows of Tatya. They were co-plaintiffs in the original suit.

(2.) The suit lands originally belonged to one Dev Gonda Patil who gifted the same by a registered deed, dated Oct. 13, 1902 to Smt. Akubai. Akubai died survived by her son, Tatya and a daughter, Pandmini, who is the appellant before us. Tatya died issueless on February 2, 1955, survived by his co-widows, Tangavva and Sunderbai.

(3.) The co-widows (who are respondents 1 and 2 in this appeal) filed Suit No. 25 of 1967 for recovery of possession of the suit lands admeasuring 15 acres and 16 gunthas, bearing Survey Nos. 137, 138 and 238, situate in Mouza Shirti. The plaintiff's case was that on the death of Akubai (which according to the evidence took place sometime in 1905 or 1906), their husband Tatya became the owner of the entire suit lands, and continued in exclusive possession thereof till his death in 1955. After Tatya's death, Padmini, the sister of Tatya got her name mutated in the records in her favour and forcibly entered into possession of the suit lands. Subsequently, by an amendment of the plaint, it was pleaded that after Akubai's death, Tatya remained in adverse possession of the suit land for a period of 40-50 years till his death, and had thus become a full owner thereof, and the plaintiffs being co-widows of Tatya, succeeded him to exclusion to defendant-1.