SHAMU SHRIPATI POWAR Vs. BABU ABA KALWAT

JUDGEMENT

(1.) The question in this appeal relates to the validity of the will made in 1917, by the plaintiff-appellant's father Raoji under which he purported to dispose of four properties two properties B and D to his son the plaintiff-appellants, and two properties A and C to defendant No. 6, Dhondu, the sister of his deceased mistress, through whom the other defendants-respondents claim.

(2.) All the four properties in the will along with fifth belonged originally to Jagoji. In 1878 Jagoji passed a registered document (Exh. 100) in favour of his two illegitimate sons Raoji and Sakharam. The plaintiff -appellant contended that Raoji obtained these properties of Jagoji by survivorship and could not dispose of them by will. The respondents contended that they were in law the self-acquired properties of Jagoji with power in him to dispose of them by will, The parties, it is conceded, are Sudras.

(3.) It is a curious defect in the cam that the pleadings and the evidence are silent as to the question of Sakharam's interest in the properties and the dates of Sakharam's death and of the plaintiff's birth. Both the lower Courts have found that there was no partition in Raoji's life-time between Raoji and the plaintitf- appellant.