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2003 Supreme(SC) 758

Y.K.SABHARWAL, G.P.MATHUR
Ramabai Padmakar Patil (D) Through Lrs. – Appellant
Versus
Rukminibai Vishnu Vekhande – Respondent


JUDGMENT

G.P. Mathur, J.-This appeal by special leave has been preferred by the plaintiff against the judgment and decree dated 27.4.1995 of High Court of Bombay by which the second appeal preferred by her was dismissed and the judgment and decree dated 7.4.1993 passed by the District Judge, Thane was affirmed.

2. The appellant Smt. Ramabai filed a suit for a declaration that she had become owner and occupant of the suit property as per the Will dated 5.4.1976 and for injunction for restraining the defendants and their agents, etc. from interfering with her peaceful possession over the aforesaid property. The defendant Nos.1 to 5 are the real sisters of the plaintiff and defendant Nos.6 to 8 are the children of a deceased sister of the plaintiff, namely, Smt. Gajarubai. The suit was filed on the ground that the property in dispute, which is a house and agricultural land, belonged to Madhav who was father of the plaintiff and defendant Nos. 1 to 5 and after his death, the same was inherited by their mother Smt. Yamunabai and she became the owner thereof. Smt. Yamunabai executed a registered Will by which she bequeathed the entire property to the plaintiff. Smt. Yamunabai died on 11.












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