LAXMIBAI LAXMAN SANKHE Vs. DAMODAR RAMJI SANKHE

JUDGEMENT

(1.) HEARD the learned Counsel for the parties. The brief facts leading to the second Appeal are as under.

(2.) THE original plaintiff's viz. Laxmibai Laxman Sankhe who is represented in this Appeal through her legal heirs and representatives, case before the trial Court was that she had acquired her rights as an heir and as such was an owner of the suit property and accordingly had claimed possession of the suit property from the Defendant who is Respondent herein viz. Damodar Ramji Sankhe. The original Plaintiff Laxmibai has stated before the trial Court that the said land was being cultivated by her deceased father which was originally owned by one Krishnaji Pandurang Barve. It appears that on the said suit land there was a small house. The father of deceased Laxmibai died on 21-1-1960 leaving behind no other heir apart from the Plaintiff. The Plaintiff had alleged that the Defendant Damodar Sankhe had illegally taken possession of the suit property after the death of her father in the year 1960. The Plaintiff contends that as the Defendant did not give back possession of the suit land and the house to the Plaintiff, the Plaintiff through her notice dated 14th April, 1975 called upon the Defendant to hand over possession of the said suit land. Accordingly the Plaintiff had filed the suit for a declaration that she was the owner of the said suit property after death of her father. She had also sought possession of the suit property from the Defendant in the said suit.

(3.) IN the said suit the Defendant had contended that he was in fact adopted by father of the Plaintiff in the year 1951. The Defendant had also contended that as the father of the Plaintiff had already adopted the Defendant, immediately after the death of the father of the Plaintiff the Defendant had mutated the revenue record. The Defendant had also pleaded that he had taken possession of the suit land on the death of his adopted father viz. the Plaintiff's father, the Defendant had also produced before the trial Court. "adoption Deed" which was executed on a stamp paper along with witnesses who were present at the time of the adoption. It is also the case of the Defendant that the Plaintiff had agreed to get some amount of maintenance from the defendant every year and accordingly the Plaintiff had renounced her rights in the said suit land. The Defendant had also pleaded that he tied kankan to the bridegroom as a maternal uncle and that he had given presents at the time of marriage.