SUBHADRABAIKAMAJI Vs. MANYAJI SHIVRAM MARATHA

JUDGEMENT

(1.) The appellant Subhadrabai (hereinafter called the plaintiff) filed a suit in 1964. being Regular Civil Suit No. 54 of 1964 in the court of the Civil Judge, Senior division, at Nanded, for a declaration that she was the owner of the suit properties -8 for possession from the defendants. In that suit she contended that the suit properties belonged to her father Narayan Hanmants, who died in the year 1941, and then as limited owner to her mother Kamalabai who died in 1959, the plaintiff being the reversoner.

(2.) It requires also to be noticed that Narayan Hanmanta had three wives, two of them named Kamalabai and the third Bayajabai. For convenience sake the two Kamalabais are referred to as Kamalabai- I and Kamalabai-ll. Kamalabai-1 pre-deccesed Narayan and left two daughters, Ansabai and Bhivrabai. Ansabai had a son by the name of Vithal, who is defendant No. 6. Bhivrabai had no children and both Bayaja- bai survived Narayan Hanmanta, But Bayajabai remarried in 1945 and thus went out of the family, Kamalabai ll's daughter Subhadrabai is thus the plaintiff and, as mentioned, Kamalabai II died in 1959, i.e. on the 25th of May 1959, nearly 18 years after the death of her husband Narayan.

(3.) It is the plaintiff's case that on Narayan's death in 1941. his entire proper- ties came to be inherited by Kama'abai- II and Bayajabai and that after Bayajabai remarried and went out of the family in 1945 the properties came to Kamalabai II and a mutation entry was made in the record of rights in her name.