ORDER :

This appeal is directed against judgment and order dated 02.05.2003 passed by learned Single Judge of the Bombay High Court in Second Appeal No. 381 of 1990.

2. The appellant (since deceased) had filed a suit for declaration of his ownership and possession of the suit property which consisted of suit fields and a house as well as for mesne profits.

3. The trial court partly decreed the suit and directed delivery of vacant possession of the house to the appellant. We are not concerned in this appeal with regard to the house.

4. The trial court rejected the claim of the appellant with regard to the suit fields as mentioned in Schedule 'A' of the plaint. The decision of the trial court was challenged by the appellant but the Additional District Judge dismissed the appeal filed by the appellant.

5. Subsequently, the appellant preferred a second appeal which also came to be dismissed by the High Court by the impugned judgment and order. It may be mentioned that the deemed owner of the suit fields had left behind a Will dated 15.01.1966 with the appellant as the beneficiary. It is on this basis that the appellant claimed possession and ownership of the suit fields.

6. The High Court to