PRABHAKAR Vs. SHANTARAM

JUDGEMENT

(1.) This second appeal is preferred by the original defendant No. 1, he having lost before the District Judge in the first appeal. The parties shall hereinafter be called as the plaintiffs and the defendants.

(2.) The facts shorn of details are as follows

(3.) A written statement was filed by the defendant No. 1. Defendant No. 1 i.e. present appellant contested the suit. He does not dispute that the partition took place in the year 1974. He also does not dispute that the share was allotted to Rajaram. He further does not dispute that in the said partitiondeed there was a clause that upon death of Rajaram property was to go to three brothers. However, his contention is that the condition that the property was to go to three brothers was a void condition. He does not dispute that the Will has been executed in his favour.