RAGHUPATI JANARDHAN KATHALE Vs. PUNDLIK BALAJI UPADHYE

JUDGEMENT

(1.) THE appellants in Appeal No. 63/1977 are the original plaintiffs and appellants in Appeal No. 308/76 are the original defendants.

(2.) THE plaintiffs filed the suit on the basis of Will dated 19-3-1949 (Exhibit 36), whereas the defendants set up will dated 7th February, 1958 (Exhibit 66 ). The trial Court decreed the suit of the plaintiffs in toto whereas the Appellate Court partly allowed. The appeal and modified the decree. Therefore, against the Appellate Courts judgment, both the appeals have been filed by the plaintiffs and the defendants.

(3.) THE suit property was originally owned by one Pralhad Ramkrushna Upadhye of Taroda. Respondent Pundlik is his brother. Pralhad had no issue and he owned the suit property i. e. he had half share in that property. Pralhad died on 7-5-1958 and Pundlik died in 1956. Pralhad lost his sight five years prior to 1949. He and his wife used to keep always ailing and were not keeping good health. Pralhad executed Will dated 19-3-1949, got it duly attested and handed it over to Pundlik only. It is in this background that the suit was for possession of the land, was filed on the basis of the aforesaid Will of 1949.