(1.) The question arising on this appeal is, whether the appellant should be preferred to the respondent as hair to the property in suit? The relationship of the parties is shown in the tabular statement contained in the judgment of the first Court. On Tukaram's death, about thirty years ago, he was succeeded by his widow, but on her remarriage the property passed to Tukaram's mother who has now died.
(2.) The present claimants are the appellant who derives title under Tai and Salau on the one hand, and Waghu who is the grandson of Mahadaji.
(3.) In the first place it was contended that on Tukaram's mother's death succession ought to be traced to Kushaji, her husband.