P.SATHASIVAM, B.S.CHAUHAN
Balkrishna S. Dalwale – Appellant
Versus
Vithabai C. Rathod – Respondent
JUDGMENT
Dr. B.S. CHAUHAN, J.
1. This appeal has been preferred against the judgment and decree dated 18.10.2001 passed in Second Appeal No. 191 of 1991 by the High Court of Bombay by which the Second Appeal filed by the appellants against the judgment and decree of the First Appellate Court dated 31.12.1990 passed in Civil Appeal No.828 of 1987 by which it reversed the judgment and decree of the Civil Court dated 18.2.1987 passed in Civil Suit No.558 of 1975 filed by the respondents, has been dismissed.
2. Facts and circumstances giving rise to this appeal are that one Smt. Ratnabai Shankar Dalwale had inherited the suit property from her father. She had four daughters, two of them namely, Champabai and Sitabai died long back i.e. prior to the date of receiving the property by Smt. Ratnabai Shankar Dalwale. The original owner, Ratnabai Shankar Dalwale died on 2.5.1965 and her husband Shankar Dalwale had died in 1952. Thus, at the time of her death, Smt. Ratnabai Shankar Dalwale had two daughters, namely Vithabai and Krishnabai, who acquired the suit properties by Will dated 24.6.1963, executed by Smt. Ratnabai Shankar Dalwale. After the death of Smt. Ratnabai Shankar Dalwale, her t
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