SOU SHUBHLAXMI RASAL Vs. RAMDAS PATHAK

JUDGEMENT

(1.) BEING aggrieved by the judgment and decree dated. 23rd April, 1996 passed by the learned 2nd Additional District Judge, Beed in Regular Civil Appeal No 311/1985 arising out of the judgment and decree dated 7th October, 1985 passed by the learned Civil Judge, Junior Division, Ashti in Regular Civil Suit No 23/1976, the appellant/original plaintiff challenges the same by way of this Second Appeal, before this Court.

(2.) THE facts leading to the present Appeal, in short, can be narrated as under the appellant/original plaintiff, in the above-mentioned Civil Suit, stated that she happened to be the owner of the suit property in pursuance of the Will executed by Krishnabai in her favour Krishnabai herself had initiate the present suit on 20th March, 1976 praying that she be declared the owner of the property in question, to which a reference is made m paragraph 1 of the plaint as also in the prayer clause She has further sought for declaration that the alienation of the property whatsoever was made by the defendants be declared to be not binding on her It would be necessary to mention at this age itself that during the pendency of the above said Civil Suit, Krishnabai expired and hence the name of Subhalaxmi,the pretext appellant/plaintiff who claims the property through the Will executed by krishnabai, was substituted.

(3.) TO understand the facts of the case it would "be necessary to make a reference to the relations inter se of the parties Shubhalaxmi happened to be the daughter-in-law of the real brother of Krishnabai. One Jagannathrao was the husband of krishnabai Ganeshrao was the brother of lag intiathrao There is no dispute that both these brothers expired long back Jagannathrao and Krishnabai, had no issue ganeshrao also died issueless The suit lands and other lands to which a reference is made in the suit, situated at village Deolah, happened to be the joint family property of jagannathrao and Ganeshrao and their father It is not disputed that Jagannathrao expired some time m the yeat 1900 and Ganeshrao expired some time in the year 1920 The suit property as mentioned above, happened to be the joint family property after the death of Jagannathrao naturally. the property was enjoyed jointly by ganeshrao and Ganeshrao's sister-in-law i e Krisnabai However after the death of Ganeshrac. the wife of Ganeshrao, adopted Ramdas as her son.