MT. MALTIBAI Vs. WAMANRAO SHEORAM

JUDGEMENT

(1.) THE property in dispute, which consists of a 16-anna proprietary share in mauza, Bodegaon with 43,24 acres of sir, 2.58 acres of khudkasht and 16.71 acres of occupancy land, and a house therein, 47.19 acres of malik-mak-buzcb land and a house in mauza Dighori, and 22.18 acres of malik-makbuza land in mauza Arher-Nawergaon in the Brahmapuri tahsil of the Cbanda District, belonged at one time to Jairam, the natural son of Vinayak Bhat and the adopted son of Ganesh Bhai, whose family trees are as below: GANESH BHAI | Jairam = Gangabai (adopted son, died on 10-11-1910) | Janardan = Maltibai (Plaintiff) (adopted on 21-3-1910, died on 27-7-1921) VINAYAK BHAT _______________________________ | | Jairam Sheoram (adopted by | Ganesh Bhai) __________________________ | | Waman Janardan (defendant 1) (adopted by Jairam.)

(2.) JAIRAM admittedly adopted Janardan, the natural son of Sheoram, on 21-84910 and died on 1011-1910. On his death, his entire estate devolved on Janardan by survivorship. It is alleged and has been held by the lower Court that Jairam made a will (Ex. 1 D-89) on 20-3-1910 by which he devised the property in dispute to Waman (defendant 1), the son of his natural brother Sheoram, 167.89 acres of malik-makbuza land in mauza Mangli to his wife Gangabai for her life-time, and the rest of his considerable estate to Janardan, whom he had decided to adopt.

(3.) THE plaintiff contended that the will was a forgery. It was apparently attested by five respectable witnesses, and there is ample evidence, as the learned Subordinate Judge has pointed out, to prove their signatures. The will was produced by Waman before the revenue authorities when he applied for mutation of the property in dispute in his name after the death of Jairam in 1910, and a certified copy of the will was retained with the revenue records. The will was mentioned in a mortgage executed by Gangabai and Waman in favour of Sir Ganga-dhar Chitnavis in 1911 (EX. 1 D-17). Purshottam (P.W. 1), who Baid that he had never heard of any will, was obviously aware that the land in Mangli had been given to Gangabai for her maintenance, as will appear from his letter (Ex. 1 D-81) written in 1929.