Judgement

JUDGMENT - We have heard counsel on both sides. Special leave granted.

2. Appellant Vithabai Krishnaji Patil was the defendant in the suit. The question that arose was whether the appellant Vithabai or the respondent Banubai was the intestate heir of Bhagirathi Bai, who, it is common ground, was the owner of the suit land beaing Sy. No.231/2 admeasuring 3 acres 17 gunthas situate in village Uchegaon. Dattu, the Banubais husband and Babu, husband of Bhagirathi Bai were brothers. After the death of Bhagirathi Bai in the year 1969, appellant Vithabai asserted her heirship to the estate of the deceased Bhagirathi Bai claiming to be her daughter. Respondent Banubai disputed the relationship. Banubai contended that her husband Babu was the nearest preferential heir of Bhagirathi Bai and that on Babus death in the year 1972 she as Babus widow was such heir and sought in the suit a declaration of her title accordingly.

3. On an appreciation of the evidence on record the trial court came to the conclusion that appellant did not succeed in establishing that she was the daughter of Dattu and that therefore she was not the preferential heir of Bhagirathi Bai. Accordingly, the trial cour