GAYABAI MAROTI BODADKAR Vs. NAMDEO DAJIBA JUNGHARI

JUDGEMENT

(1.) The appellant/ original plaintiff Sou.Gayabai is taking exception to the judgment and order passed by the District Judge, Yavatmal, in Regular Civil Appeal No. 99/1989 filed by the respondent to challenge the judgment and decree in Regular Civil Suit No. 151/1978, decided by Joint Civil Judge, Junior Division, Wani, by which the plaintiff's suit for possession of the suit field i.e. Survey No.138/2 and 138/2B of Punwat, Tq. Wani, Distt. Yavatmal (hereinafter referred to as suit field) was decreed. The consequence of the said appeal was the dismissal of the suit.

(2.) Brief facts leading to the suit of the appellant/ plaintiff are thus;

(3.) During the pendency of the suit, said Sakhubai expired and so Sou. Gayabai stepped in place of the plaintiff contending that said Sakhubai had died on 29.9.1980. She further contended that she (Sakhubai) had executed a will in favour of the present plaintiff on 13.5.1980 whereby she bequeathed the suit property to her. The relevant contentions as to why the said will was genuine and legal were also raised. On the strength of this will executed by the erstwhile plaintiff, she claimed same relief of possession and other consequential reliefs.