BABURAO LAKSHMAN NIKAM Vs. TUKARAM PUNDALIKA POWAR

JUDGEMENT

(1.) This was a suit brought, by the plaintiffs to recover possession of the plaint property on the ground that it belonged to one Murari and after his death to his wife Zinga, that Zinga died and the property was inherited by Am who died on 4 February 1924, and that the plaintiffs as the stepsons of Anu are entitled to succeed to Murari.

(2.) It appears that on 23 May 1921, the widow Zinga and her surviving daughter Anu, the only reversioner then living, passed a deed of gift in favour of Tukaram, the present defendant 1. The other defendants are alienees from defendant 1.

(3.) Both the lower Courts held that the gift by Zinga with the consent of Anu of the whole of the property which was inherited by her from her husband in favour of defendant 1 was valid, and that the plaintiffs were estopped from disputing the validity of the deed of gift in favour of defendant 1.