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1963 Supreme(SC) 152

K.C.DAS GUPTA, K.N.WANCHOO, P.B.GAJENDRAGADKAR
Raghunath Keshava Kharkar – Appellant
Versus
Ganesh Alias Madhukar Balakrishna Kharkar – Respondent


Advocates:
A.V.VISHWANATHA SASTRI, G.B.PAI, J.B.DADACHAN, O.C.MATHUR, Ravindra Narayan, S.S.SHUKLA, SARDAR BAHADUR SAHARYA

Judgment

WANCHOO, J. This is an appeal on a certificate granted by the Bombay High Court and arises out of a suit filed by the appellant as a Hindu reversioner to recover possession of properties alienated by a Hindu widow. The property in suit was the self-acquired property of one Ganpatrao-Jairam who died in 1894 leaving behind two widows, Annapurnabai and Sarswatibai. Ganpatrao had executed a will by which property in village Dahisar was given to Annapurnabai and property in village Nagaon was given to Sarswatibai. The will further provided that a dwelling house together with structures and open land situate at Thana would remain with his two wives who would enjoy the same. There were other dispositions in the will with which we are however not concerned now. Annapurnabai was also authorised to make an adoption on the advice of the executors appointed under the will; but the adopted son was to have no right or connection with the movable and immovable property devised to Annapurnabai during her life-time and was to take the property devised to her only after her death. The adopted son was also to take the immovable property bequeathed to Saraswatibai after her death. It may be ad























































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