GANGABAI Vs. JAGANNATH PARASHRAM KADAM

JUDGEMENT

(1.) GANGABAI Kadam, an aged widow (since deceased) filed a civil suit in the year 1976 for (i) a declaration of title to half portion of the house property where she was residing and three acres of agricultural land which was in her cultivating possession and (ii) permanent injunction restraining the defendants from interfering with her possession. The suit was decreed by the trial Court and dismissed by the Appellate Court. Hence this Second Appeal, by her legal heirs.

(2.) THE follwing facts are either duly established or are undisputed. Gangabai was a widow of Bala who died on 18-4-1924 leaving behind Gangabai, Gunabai, wife of a pre-deceased son Shripat and adopted son Parashram. Parashram died in 1962 leaving behind two widows and two sons (the defendants ). Parashram had filed a civil suit, being Regular Civil Suit No. 912 of 1928, against Gangabai and Gunabai for a declaration that he was a validly adopted son of Bala The said suit was decreed on 11-3-1929 in which pre-existing right of Gangabai to continue to remain in possession of the half portion of the house property and to get maintenance from the estate, was recognised. Gangabai was residing in half portion of the house property and was maintained by Parashram by providing her food, clothing and other necessities of life. When Parashram died in the year 1962, his legal heirs were not in a position to provide maintenance to Gangabai and hence she started cultivating the suit land and paid land revenue. In a consolidation scheme under the Bombay Prevention of Fragmentation and Consolidation of Holdings Act, the said land was entered in her name long ago and the said entry was not challenged by the defendants.

(3.) I may hasten to mention that her case in the plaint was that she has been in possession also of the disputed land since the beginning, but that part of the story has not been accepted by the courts in the absence of positive proof.