CHANDRABHAGABAI GANPATI KARWAR Vs. SAMBHAJI NARHARI KAAARWAR

JUDGEMENT

(1.) This second appeal arises out of concurrent findings and judgments of the trial Court and the first Appellate Court. The first Appellate court confirmed decree rendered in favour of deceased respondent - plaintiff declaring him as owner of the suit property and for injunction simpliciter.

(2.) The following genealogy table is admitted and would clarify relationship between the parties. Sambhaji (deceased plaintiff) I I rambhau (son) Ganpati (son) Chandrabhagabai (defendant/appellant claims to be wife)

(3.) There is no dispute about the fact that the suit properties were allotted to deceased Ganpati during family partition, which was effected by deceased plaintiff Sambhaji somewhere in 1963-64. Thereafter, Ganpati and Rambhau were residing separately. Ganpati was separately enjoying the suit properties till his death. He died on 13-8-1976. He had married but his first wife by name rakhmabai died issueless much before he got separated due to the partition.