VITTHAL RAO Vs. KOKILA BAI

JUDGEMENT

(1.) PLAINTIFFS filed a suit for declaration and permanent injunction in regard to a house situated at Mahadik Sahab Ka Bada, Lashkar, Gwalior bearing No.2/196 of Municipal Corporation, Gwalior.

(2.) THE suit property is the ancestral property of Govind Rao Mahadik. He was died on 23.11.1964. He had four daughters. Three daughters namely; Kokila Bai alias Rekha Bai, Nirmala Bai and Tilottama Dhumal were alive at the time of death of Govind Rao Mahadik and one daughter Nirmala Bai was died during his lifetime.

(3.) PLAINTIFFS pleaded that after death of Govind Rao Mahadik, they became owners of the property alongwith defendants No.1 and 2. During his lifetime, Govind Rao Mahadik instituted a suit against Krishna Rao Mahadik before the District Judge Gwalior and in the aforesaid suit after death of Govind Rao Mahadik, defendants No.1 and 2 also made Smt.Nirmala Bai Khadke, Vijay Singh and Sumitra Bai as representatives of Govind Rao Mahadik. The suit property is the joint property. Govind Rao Mahadik had mortgaged the suit house on 6.10.1948 and 28.5.1951. Defendant No.2 tried to sale the suit property, then the plaintiffs published a proclamation in 'Dainik Bhaskar' on 30.3.2001.