MEWALAL KANHAIYALAL Vs. JANKIBAI

JUDGEMENT

(1.) THIS is plaintiff/appellant's second appeal against the judgment and decree passed by the Addl. District Judge, West Nimar, Khargone, in C.A. No. 11 -A/76, against the Judgment and decree passed by Civil Judge, Class I, Khargone in C. A. No. 17 -A/71, setting aside the judgment and decree passed by the trial Court and allowing the appeal vide paras 38 to 42 of the judgment.

(2.) THE original holder of the suit property i.e. agricultural land and house as described in para 1 of the plaint was one Kanaksingh, who was Bhilala belonging to an aboriginal tribe. He died in 1968 leaving Birjubai, his second wife, as well as plaintiff, who is grand daughter of Kanaksingh, being daughter of Sitabai (from another wife Laxmibai). The genealogy is as under : - - <ADV>Waghmare,S.R.Waghmare,J.P.Sanghi,N.K.Sanghi</ADV>

(3.) THE suit property after the death of Kanaksingh was mutated in the name of plaintiff Jankibai, wife of Kalusingh, residing with her husband at the village Kawan. The defendant/appellant, is resident of village Lalkheda and non -adivasi. The respondent Nos. 2, 7 and 3 are lawyers by profession and purchasers of land from Jankibai, plaintiff, Respondent No. 1 but the same are not in dispute in this appeal. Mainly the controversy centres round Jankibai and Mewalal as under :