VISHNU MOTIRAMJI GAWANDE Vs. SAU. RAJDEVI

JUDGEMENT

(1.) This appeal under section 100 of the Code of Civil Procedure, 1908 has been filed by the legal heirs of the original defendant being aggrieved by the decree passed by the trial Court declaring the respondent as owner of the suit properties.

(2.) The facts giving rise to the second appeal are that it is the case of the respondent original plaintiff that her aunt, viz. Sonibai was the absolute owner of Field Survey no. 19/03 ad-measuring about 0.81 R, Survey No. 22/1 ad-measuring 1 Hectare 72 R as well as the house property. On 25.01.1977, said Sonibai executed a gift deed in respect of the house property as well as two acres of land from Field Survey no. 19/3 in favour of the plaintiff. On the same day, said Sonibai also executed a will in favour of the plaintiff bequeathing land ad-measuring 4 Acres 10 Gunthas of land from Field Survey No. 22 in her favour. Said Sonibai expired on 27.07.1993. As the plaintiff was married and residing elsewhere, she came to the suit site on 16.09.1993. She found the defendant in possession and hence asked him to handover the same to her. The defendant claimed right on the basis of will executed by Sonibai in his favour. On that basis, the plaintiff filed the aforesaid suit for declaration that she was the absolute owner of the suit properties by virtue of the gift deed and will, both executed by Sonibai.

(3.) Written statement at Exhibit 16 was filed by the defendant denying the case as pleaded. It was further pleaded that in the year 1982, said Sonibai had executed a will in his favour bequeathing all the properties to him. It was thus pleaded that the defendant was the absolute owner of the suit properties.