PANDURANG LAXMAN MANDEKAR Vs. VYANKATESH BALAJI DEOSTHAN

JUDGEMENT

(1.) This second appeal is by the plaintiff who succeeded in trial court but lost in the first appellate court. Parties shall hereinafter be referred to as the plaintiff and the defendants.

(2.) The facts giving rise to this appeal are as follows One Wasudeo Nagoba Fiske was the Malguzar of village Waigaon (Nipani). Said Wasudeo died on 24/8/1939 at Waigaon. He had two wives namely; Smt. Bahenabai and Smt. Nanibai. Smt. Bahenabai did not have any issue from said Wasudeo. She also died on 4/10/1967 at Waigaon. Second wife Smt. Nanibai had two daughters namely; Smt. Pisabai and Smt. Godawaribai. Smt. Nanibai died in 1969 leaving behind two daughters. Smt. Pisabai was married to one Laxmanrao Mandekar and Smt. Godawaribai was married to one Haribhau Kasar. The plaintiff is the son of Smt. Pisabai. Wasudeo had executed a Will bequeathing his property in favour of his two wivesSmt. Bahenabai and Smt. Nanibai. According to the plaintiff, Wasudeo had only given life interest to these two wives. Since Bainabai was given life interest only in this property, she did not become full owner of the suit property and did not have right to dedicate the said property to defendant no.4 Trust by a Will. According to the plaintiffs, the Will, if any, executed by Smt. Bahenabai is invalid. The plaintiff, therefore, sought a declaration that the plaintiff is the owner of the suit property and also a declaration that the Will executed by Smt. Bahenabai is invalid.

(3.) The defendants no. 1 to 3 and 6 filed a written statement. They denied all adverse allegations.