RAMCHANDRA BALWANT THORAT Vs. BHAUSAHEB DNYANU PATIL

JUDGEMENT

(1.) First Appeal Nos 195 of 1980 and 492 of 1980 came to be decided by the learned Single Judge of this Court by his common Judgment dated 23.9.86 along with Writ Petition No.3271 of 1980. The writ petition was disposed off as withdrawn. In these two Letters Patent Appeals the said common Judgment and order is under challenge.

(2.) Regular Civil Suit No.24 of 1942 was decided by the then First Class Judge, Satara, on 2.3.1944. One Balwant Thorat was the owner of the suit properties and he died in the year 1990 leaving behind three widows, viz.Kashibai, Sundrabai and Housabai. None of them could be a mother.

(3.) The Executing Court held that the agricultural lands which were in possession of Housabai pursuant to the court decree for her maintenance, was her exclusive property and she had the right to deal with as per her choice, in view of the law laid down by the Supreme Court in the case of Tulasamm -AIR 1977 SC 1944, and Gullapalli Krishna Das Vs Vishumolakala Venkayya, 1978 SC 361. However, the executing court discarded the Gift Deed at Exh.90 as well as the Will at Exh.96. He held that they could not be accepted as genuine documents as per the will of Housabai.