JIJABAI Vs. BHANUDAS SHRIRANG

JUDGEMENT

(1.) The above Second Appeal is filed by the Appellant Plaintiff, whose suit for recovery of possession of the suit land and for declaration of her ownership to the extend of 5 acres 3 gunthas, from Survey No. 21, situated at Tungi, was dismissed by the Civil Judge, Junior Division, Ausa, with costs, on March 30,1966. The decree was confirmed by the learned Assistant Judge, Latur on October 27,1967.

(2.) The relevant facts may briefly be stated as follows :

(3.) Survey No. 21 of Tungi is the ancestral property of the plaintiff and the Defendants. The plaintiffs father Mukinda was the son of one Makji. After Makjis death, Mukinda came into of the said land possession. Mukin-da died leaving behind him Jijabai, his daughter, Mandabai, his mother and two sisters Gitabai and Girjabai. After Mukindas death, Mandabai came to be in possession of this property. It was alleged by the Plaintiff in the Plaint that Mandabai died in 1956, after the coming into force of the Hindu Succession Act, and hence she was to the time of her death the full owner of the property under section 14 of the Act. Plaintiff claimed to be the nearest heir of Mandabai.