OMANNA Vs. SUSHILBHAI

JUDGEMENT

(1.) This is a defendants' appeal against the judgment and decree dated 4th April 2000 passed in O.S. No. 35/1988 decreeing the suit of the plaintiff granting relief of declaration as well as possession in respect of 18 guntas of the suit schedule land from defendant Nos. 25 to 35 and declining to grant decree of permanent injunction. For the purpose of convenience, the parties are referred to as they are referred to in the original suit.

(2.) The pedigree of the family is clearly set out in schedule 'A' annexed to the plaint which is not in dispute.

(3.) The land bearing R.S. No. 1389 originally measured 23 acres 36 guntas. It was owned by one Thakkoji. Thakkoji had five sons by name Omanna, Narayan, Parashram, Neelu and Meenaji. None were alive at the time of filing of the suit. The case of the plaintiffs is, during the lifetime of Thakkoji, he executed a registered Will with respect to entire R.S. No. 1389 situated in Kangrali village of Belgaum Taluk. Under the said Will, R.S. No. 1389 was bequeathed in favour of Meenaji, his last son. This Will was executed when his sons were alive. Meenaji son of Tukkoji died in about 1926. At the time when the Will was executed on 10.11.1890, R.S. No. 1389 was not sub-divided. On 27.01.1926 Meenaji died. By virtue of M.E. No. 995, name of his eldest son Yeshwant Meenaji Kangralkar was entered. Yeshwant's name was shown with respect to R.S. No. 1389/1. The said land, which was bequeathed in favour of Meenaji, was the exclusive property of the deceased Meenaji Thakkoji Kangralkar. None of his brothers had any right, title and interest in the said land.