LAWS(BOM)-2010-4-2

DAMAJI SAKHARAM CHIVANDE JAYAWANTABAI Vs. MAINABAI SAKHARAM AWALE

Decided On April 28, 2010
DAMAJI SAKHARAM CHIVANDE(SINCEDECEASED BY LRS.) JAYAWANTABAI WD/O DAMAJI CHIVANDE Appellant
V/S
MAINABAI WD/O SAKHARAM AWALE Respondents

JUDGEMENT

(1.) This Second Appeal is preferred by the plaintiff who was unsuccessful in both the Courts below.

(2.) The facts giving rise to the appeal are as follows:

(3.) Defendants resisted the suit. The defendants do not dispute that house property was belonging to Rukhamabai. They however dispute that plaintiffs had purchased the suit property from her for a sum of Rs.100/-. According to defendants Rukhamabai did not have any issue. It is the defendants who were therefore taking the care of Rukhamabai and she had therefore allowed them to reside there. Defendants have been residing there and have been paying the taxes. Suit house has been recorded in the name of husband of defendant no.l.