NATTHUJI JAIRAM WANKHEDE Vs. SANTOSHRAO NATTHU WANKHEDE

JUDGEMENT

(1.) The appellant is the legal heir of the original defendant who is aggrieved by the decree for possession passed in the suit that was filed by the respondent herein. The trial Court dismissed the suit but the appellate Court reversed that decree and held in favour of the plaintiff.

(2.) Facts in brief are that it is the case of the respondentplaintiff that the defendant was his uncle and he had settled at Mouza Sarandi. The defendant did not have any issue and therefore the plaintiff was taken in adoption in the year 1955-56. The plaintiff started residing with the defendant as a member of his family. Out of love and affection the defendant on 27/02/1958 executed a GiftDeed in favour of the plaintiff and by virtue of that GiftDeed, land from Survey No.59 was gifted to the plaintiff. The plaintiff accordingly cultivated the said land. In the year 1964 the defendant entered into second marriage and thereafter disputes arose between the plaintiff and the second wife of the defendant. The plaintiff therefore left said village and started residing at Nagpur.

(3.) In the written statement at Exhibit14 the defendant pleaded that he was distantly related to the plaintiff. The plaintiff intended to get married but as he had no independent means of subsistence, nobody was offering their daughter to him for getting married. The defendant therefore on 27/02/1958 executed a GiftDeed in favour of the plaintiff and thereafter the marriage of the plaintiff was solemnized. It is further pleaded that after his marriage the plaintiff started quarreling with the defendant and his wife.