RANGARAO Vs. GOPAL

JUDGEMENT

(1.) THIS is a plaintiffs' second appeal from the dismissal of their suit for possession of certain immovable property.

(2.) IT is not disputed before me that the property in suit was the self-acquired property of one Bhagwan who died on 29-10-1943 leaving behind him a widow Smt. Jankibai and a married daughter Smt. Saraswatibai. It is also not disputed that on 19-9-1945 Jankibai took the plaintiff No. 1 in adoption.

(3.) THE property in suit is admittedly in the possession of the defendant No. 1 Gopal in his capacity as wahiwatdar of the Bhagwan Sansthan at Makrampur. His contention is that the aforesaid property was bequeathed to the Saunsthan by Bhagwan under a will executed by him on 6-5-1943. He therefore denied the plaintiffs' right to the possession of the property in suit.