NARAYAN MORESHWAR WELANKAR Vs. WAMAN MAHADEV KULKARNI

JUDGEMENT

(1.) The facts which have given rise to this second appeal are not in dispute. The following table shows the relationship of the parties concerned:-

(2.) The property in suit belonged to Yajneshvara who died leaving a widow, Gangabai, and a pre-deceased son's widow, Savitribai After his death Gangabai adopted the natural brother of the present plaintiff from the other branch. It is common ground that after the death of Shankar and his widow in 1909, the property was vested absolutely in Shankar's daughter, Krishnabai, who was a few months old then. She died a few months after her parents. Savitribai took possession of the property as the next heir of Krishnabai, and sold it to the present defendant in 1913. Savitribai died in 1915; and the plaintiff, who is the grandson of the brother of Yajneshvara claims the property in this suit on the ground that the alienation by Savitribai was not for any legal necessity and that it ceased to be operative on her death.

(3.) The defendant pleaded that Savitribai was absolutely entitled to the property as the heir of Krishnabai, and that in any case the sale was for a legal necessity. Both the lower Courts have found that there was no legal necessity for the alienation, but they have held that Savitribai was absolutely entitled to the property and was competent to alienate it without any necessity.