KANTABAI Vs. SHIVGANGA

JUDGEMENT

(1.) THIS Second Appeal by the heirs - original defendant number 1, is directed against the concurrent findings of facts by both the lower Courts. The plaintiff - who is Respondent number 1 in this Appeal, has filed a suit for declaration and possession of the suit land. The declaration sought was that the sale-deed executed by Defendant number 2 - Pandhari ganga Mali (brother of plaintiff) in favour of defendant number 1 on 4th May, 1966 in respect of suit land is ineffective, and not binding on the plaintiff. The facts, which are not in dispute are as follows : -

(2.) THE Property originally belonged to one Nagubai Mali who transferred the said property in favour of the daughter under a registered gift-deed in 1337 Fasli (about 1920 A. D. ). Manjulabai died on 17th January, 1952 leaving behind two sons, namely, Vishwanath and defendant number 2 pandhari, three daughters, namely Mathurabai, Bhagirathibai and Shivganga-bai (plaintiff ). The sale-deed of suit properties is executed by defendant number 2 alone in favour of defendant number 1 on 4th May, 1966, i. e. , during the minority of the plaintiffs. The suit is filed by the plaintiffs in the year 1979. These facts are not in dispute.

(3.) THE plaintiff filed the suit on the ground that she alone is entitled to inherit the property of her mother 'manjula and the defendant number 2 had no right whatsoever to execute sale deed in favour of defendant number 1, and as such, the sale-deed executed in favour of defendant number 1 is ineffective and is not binding on her.