HARIBAI Vs. BABA ANNA

JUDGEMENT

(1.) The above Second Appeal was referred to a Division Bench by Kania, J. on March 24, 1976.

(2.) The Second Appeal arose out of a suit filed toy the appellant, Haribai Dattu Sutar, on April 4, 1967, to get possession of the property described at Serial No. 4 in para 1 and also to get possession of the remaining one-half portion of the property at Serial No. 3 in para 1 of the plaint; and for an injunction restraining the defendants NOS. 1 and 2 from obstructing the plaintiffs Vahiwat in the property at Serial No. 5 in the plaint.

(3.) The property described at Serial Nos. 3 and 4 in para 1 consisted of agricultural lands. The property at Serial No. 5 consisted of a house and an open site. These properties originally belonged to Banubai widow of Tatoba Sutar. She had two daughters viz. the plaintiff and one Bhagirathi. Bhagirathi died long ago. Plaintiff Haribai, who was married, was staying with her mother during Banubai's lifetime, looking after the needs of Banubai. Banubai executed a Will on October 30, 1961. The Will is at Ex. 79. It was executed in favour of the plaintiff and the husband of Bhagirathibai, viz. Chandrappa. Chandrappa executed a registered release deed (Ex. 89) in her favour on October 10, 1965, in respect of his one-half share in the property. Banubai died on February 25. 1962.