SHUBHALAXMI Vs. RAMDAS GANESHRAO PATHAK

JUDGEMENT

(1.) BEING aggrieved by the judgment and decree dated 23rd April, 1996 passed by the learned 2nd Additional District Judge, Beed in Regular Civil Appeal No. 311/1985 arising out of the judgment and decree dated 7th October, 1985 passed by the learned Civil Judge, Junior Division, Ashti in Regular Civil Suit No. 23/1976, the appellant/original plaintiff challenges the same by way of this Second Appeal, before this Court.

(2.) THE facts leading to the present Appeal, in short, can be narrated as under :---

(3.) TO understand the facts of the case, it would be necessary to make a reference to the relations inter se of the parties. Shubhalaxmi happened to be the daughter-in-law of the real brother of Krishnabai. One Jagannathrao was the husband of Krishnabai. Ganeshrao was the brother of Jagannathrao. There is no dispute that both these brothers expired long back. Jagannathrao and Krishnabai, had no issue. Ganeshrao also died issueless. The suit lands and other lands to which a reference is made in the suit, situated at village Deolali, happened to be the joint family property of Jagannathrao and Ganeshrao and their father. It is not disputed that Jagannathrao expired some time in the year 1900 and Ganeshrao expired some time in the year 1920. The suit property as mentioned above, happened to be the joint family property. After the death of Jagannathrao naturally, the property was enjoyed jointly by Ganeshrao and Ganeshraos sister-in-law i. e. Krishnabai. However after the death of Ganeshrao, the wife of Ganeshrao, adopted Ramdas as her son.