SULOCHANA TAIYESHWANTI ANKOLEKAR Vs. SUNDAR

JUDGEMENT

(1.) THIS appeal by the plaintiff is directed against the judgment and decree passed by the District Judge, Karwar, in R. A. No. 10 of 1987, dated 13-9-1994 reversing the judgment and decree passed by the Civil judge, Karwar in O. S. No. 10 of 1977, dated 11-9-1987.

(2.) THE essential facts of the case leading upto this appeal with reference to the rank of the parties before the Trial Court are as follows: the plaintiff filed the suit for a declaration that she is the owner of the A schedule property and entitled to possession of the same and in the alternative that she is the adopted daughter of Yeshwanti and wherefore she is entitled to declaration of title in respect of the schedule properties. In the alternative for partition and possession of one half share in A and B schedule properties.

(3.) IT is averred in the plaint that the plaint schedule properties are the self-acquired properties of the plaintiffs mother Yeshwanti Tai Soiru ankolekar who died on 17-3-1961 at Bombay. Defendant 1 is the genative son of the said Yeshwanti and the plaintiff is the daughter by adoption. The plaintiff was brought up by Yeshwanti ever since the plaintiff was a child of 2 months and she was later taken in adoption by the said Yeshwanti and thus recognised as the full daughter of the said smt. Yeshwanti. Defendant 2 is the wife of defendant 1 and defendants 3 to 5 are the tenants who are occupying the second frontal rooms of the ground floor of the house building at plaint serial No. 4. It is further averred that Yeshwanti was residing at Bombay and from her profession she has made vast earnings, she got built the suit house besides acquiring all the properties and by her last Will and testament dated 22-5-1957 she disposed of her properties and bequeathed the same to the plaintiff and defendant 1. Item Nos. 1 to 4 of plaint A schedule property was bequeathed in favour of plaintiff and Item Nos. 5 and 6 described in b schedule were bequeathed to defendant 1 and after the death of yeshwanti the Will was acted upon and the defendant unauthorisedly got his name entered in the schedule properties despite right of the plaintiff and thereafter an application was made by the plaintiff and ultimately revenue authorities asked the parties to settle the matter before the Civil Court and wherefore the suit.