BHAGABAI Vs. GANGABAI

JUDGEMENT

(1.) - The plaintiffs filed a suit claiming to be the daughters of the original owner Mashna. Mashna had two wives, Kondabai and Gangabai. The plaintiffs, who are sisters are step sisters of defendant no. 2-Rakhmabai. The plaintiffs and defendant No. 2 are at loggerhead on the question as to which of these three daughters were the daughters of Kondabai. The plaintiffs are claiming to be daughters of Kondabai. While defendant No. 2 Rakhmabai is also claiming to be daughter of kondabai. Kondabai was elder wife of Mashna, while Gangabai is the younger wife of Mashna.

(2.) ACCORDING to the plaintiffs, they are the daughters of Kondabai, while defendant No. 2 is the daughter of Gangabai. Gangabai is named in the plaint as defendant No. 1. Curiously enough, in the present case though defendant No. 1 was described as Gangabai wife of Mashna, kondabai, who claims to be the mother of defendant No. 2 Rakhmabai, had appeared in the proceedings as if she is defendant No. 1. She is also examined in the proceedings. For all purposes the living wife of Mashna named claiming to be Kondabai appeared in the proceedings and has participated in the entire proceedings as if she is a party to the proceedings.

(3.) THE defendant No. 2 claimed that the mother of plaintiff is one gangabai and not Kondabai. Gangabai died long back and after her death Kondabai is the onlv widow of Mashna. She had executed a gift deed in favour of defendant No. 2 in 1359 Fasli (in the month of August, 1949) and as per gift-deed she is in possession of the property. Defendant nos. 3 to 5 are claiming through defendant No. 2.