GANGARAM S O BHIKA BHURIWALE Vs. DEOKABAI

JUDGEMENT

(1.) THIS Second Appeal arises out of the Judgment and Decree passed by IVth additional District Judge, Akola in Regular Civil Appeal No. 295/1982, dismissing the appeal and upholding the finding of the Trial Court in Regular Civil suit No. 185/1981, dismissing the suit of the appellant/plaintiff, seeking possession of the suit property and permanent injunction.

(2.) NONE appears for the respondent/defendant, though served.

(3.) ON hearing Mr. Palshikar, the learned Counsel for the original plaintiff, the substantial question of law involved in this appeal is, since the Gangaram and Chinnu are brothers having ancestral property in question, and Chinnu having died on 17. 2. 1923 his widow, deceased Premabai had no share in the ancestral property and that she had only a right of maintenance. Her possession of the premises in question was only that of licensee and she could not become the owner of the property, by virtue of s. 14 of the Hindu Succession act, 1956.