KARIMI BANAMALI PADHANO Vs. GULASU LAKHANO

JUDGEMENT

(1.) THIS appeal has been preferred by plaintiff No. 2 in Title Suit No. 64 of 1962 of the Court of the Subordinate Judge, Berhampur.

(2.) IN order to appreciate the respective contention of the parties it is necessary to refer to a short genealogy :-KARIMI KESAB PODHAN Karimi Sridhar Karimi Gura Karimi Karimi Judhisti =siromani Banamali (P. 2)Karimi Sridhar and Karimi Judhesti are dead and their lines are extinct. Karimi gura died in 1957 and his widow Karimi Siromani died on 24-2-1958. Plaintiff no 1 Karimi Kuri is the natural daughter of Karimi Banamali (Plaintiff No. 2), but she claimed to be the adopted daughter of Karimi Gura.

(3.) THE facts which are no longer in dispute may briefly be stated as follows ;-An area of 13 acres of land out of the suit lands belonged to G. Balaji, the father Siromani. On 9-11-1929 he executed a Will in favour of his wife Bangori vide Ext. 11. Bangori gifted away these properties in favour of her daughter Siromani by a registered deed of gift dated 22-1942 -- Ext. 8. Siromani acquired the rest of the suit lands. Bangori died in 1'948. On 23-2-1958 Siromani executed a Will in favour of plaintiff No. 1 Kuri, plaintiff No. 2 Banamali and four others. After the death of Siromani, there was scramble for possession amongst the legatees which led to a proceeding under Section 145, Cr. P. C. The proceeding terminated in favour of defendant No. 1-G Lakhano podihan on 5-2-1959. Thereafter the plaintiffs 1 and 2 along with two other legatees filed Title Suit No. 10 of 1962 against the defendant no. 1 and six others for declaration of their title under the Will and for partition. That suit was dismissed on 21-8-1962 on the finding that the plaintiffs failed to prove the genuineness of the Will. On 2-111962 the suit out of which this appeal arises was filed by plaintiffs nos. 1 and 2 for recovery of possession with mesne profits. Plaintiff no. 1 claimed title as the adopted daughter of Siromani. Plaintiff No. 2 claimed title as the next heir of Siromani being the brother of her husband.