VATSALABAI VINAYAK NIMKAR Vs. VASUDEV VISHNU MUSALE

JUDGEMENT

(1.) This was a suit brought by the plaintiffs to recover possession of the property in suit by inheritance to their grandmother, Parvatibai, the widow of Pandurang, who died in the year 1924. Defendant No. 1 is the brother and defendant No. 2 is the nephew of Pandurang the husband of Parvatibai.

(2.) On January 21, 1922, there was a deed of partition, Exhibit 38, between Parvatibai on the one hand and defendants Nos. 1 and 2 on the other, under which outstandings to the extent of Rs. 2,100 were allotted to the widow and she had to pay debts amounting to Rs. 1,500 to the creditors. The widow, therefore, got property worth Rs. 600. The defendants, on the other hand, got property worth Rs. 1,183 subject to the liability to maintain Rukhmabai, another widow in the family. The material portion of the document is as follows:-- We hereby declare that we have no right, title and interest whatsoever in the said property under any circumstances whether you adopt a son and give it to him or whether you give it to your daughter or whether you alienate to anybody in any way as full owner thereof.

(3.) Parvatibai purchased the equity of redemption in the property in suit which was mortgaged to the family, and paid off the sub-mortgage in favour of a stranger out of her own separate proparty, and enjoyed the property as full owner from 1902 till her death in 1921.