GANGARAM SAKHARAM DHURI Vs. GANGUBAI RAGHUNATH AYARE

JUDGEMENT

(1.) I have heard the submissions of the learned counsel appearing for the parties on the last date and today the Appeal is kept for dictation of Judgment. The original appellant is the original second defendant who has taken exception to the Judgment and Decree dated 19th September, 1987 passed by the trial Court in a suit filed by the first respondent-plaintiff. The suit has been partly decreed. For the sake of convenience, parties are hereinafter referred to with reference to their status in the trial Court.

(2.) WITH a view to appreciate the submissions which are made by the learned counsel appearing for the parties, it will be necessary to refer facts of the case. The plaintiff, first defendant and the third to fifth defendants are closely related to each other. The genealogy reads thus :<IMG>np_136_mhlj5_2007.jpg</IMG>

(3.) THE dispute in the suit pertains to property bearing C. T. S. No. 1048 admeasuring 398. 5 Sq. yards altogether with a building thereon by the name "sai niwas" situated at Bandra, Bombay-50. There is hardly any dispute between the parties that one Gangaram Dhuri was the exclusive owner of the said property. The said Gangaram Dhuri expired on 13th May, 1967. The fact that the said gangaram died intestate is also not in dispute. At the time of his death, gangaram was survived by his widow Sunderabai, his son Vishnu and four daughters namely, the plaintiff and the third to fifth defendants. According to the case of the plaintiff, she herself and her sisters being illiterate allowed their brother Vishnu to look after the said property. It is the case of the plaintiff that while said Vishnu was managing the said property, he obtained signatures of the plaintiff and the third to fifth defendants on several papers by making a representation that their signatures were required for transferring the said property in their joint names. The widow of Gangaram, Sunderabai was not impleaded as a party to the suit. She died somewhere in the year 1972. Gangaram dhuri's son Vishnu was impleaded as the first defendant who died in the year 1971. Vishnu's widow Laxmibai was impleaded as the legal representative of deceased Vishnu. It is an admitted position that Vishnu was survived by his widow, five daughters and two sons.