JAYAWANT BALIRAMJI PANCHBHAI SINCE DEAD, THROUGH HIS LEGAL HERIS & ORS. Vs. ANUSUYABAI VASANTRAO DESHMUKH

JUDGEMENT

(1.) This appeal filed under Sec. 100 of the Code of Civil Procedure, 1908 is by the original defendant who is aggrieved by the decree for possession passed by the trial Court and confirmed by the appellate Court.

(2.) Facts relevant for adjudication of the appeal are that the suit property is agricultural land bearing Gat No. 447, ad-measuring 4 hectares 22 Are along with a well. One Baliram had two wives. The plaintiff - Anusuyabai and defendant - Jaywant are the issues from the second wife. On 2nd Sept., 1954, a partition took place between Baliram and his issues from the first wife. Thereafter, on 8th May, 1969, another partition took place between Baliram and his issues from his second wife. In that partition, the suit property was allotted to Baliram. On 17th June, 1991, said Baliram executed a Will and bequeathed the property in favour of Anusuyabai. Baliram expired on 13th May, 1993. As Jaywant took forcible possession of the suit property, the plaintiff filed suit for possession with a further declaration that she had become owner of the said property by virtue of Will dated 17th June, 1991. It was her case that said Will being last Will of Baliram, she was entitled to possession of the suit property.

(3.) Jaywant filed his Written Statement and took the stand that though in the partition of 1969, the suit property was allotted to Baliram, in the said Partition-Deed itself it had been stated that Baliram had life interest in the suit property and after his death, the two sons - Jaywant and Anant would become owners of the same. By filing a counter-claim, the Will dated 17th June, 1991 was also challenged.