HARIBAI DIGAMBARRAO BHISE Vs. INDRABAI VENKATRAO KADAM

JUDGEMENT

(1.) This is an appeal preferred by the original defendant being aggrieved by the decree of partition and separate possession passed in Regular Civil Suit No. 86 of 76 decided by the Joint Civil Judge, Junior Division, Osmanabad on deputation at Kallam on 18.12.1980, which judgment and decree is further confirmed by the District Judge, Osmanabad in Regular Civil Appeal No. 16 of 1981 decided on 14.10.1985.

(2.) Brieffacts giving rise to this appeal may be stated as follows :-

(3.) The trial Court held that so-called Will is shrouded with suspicious circumstances and cannot be trusted and he decreed the suit for partition and separate possession. The learned District Judge in First Appeal held that so-called Will is a gift-deed in fact. He further observed in para 10 that the Will is also not duly proved and it is a document of suspicious nature.