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1957 Supreme(Bom) 21

J.R.MUDHOLKAR, Y.S.TAMBE
Pralhad Sheonarayan Chokhani – Appellant
Versus
Damodhar Rankaran Vaishnao – Respondent


Judgment

1. This appeal of the plaintiff is directed against the dismissal of his suit by the trial Court.

2. The dispute now relates to the immovable property left by one Mahadeo as described in Schedules A to C of the plaint. No dispute was raised before us in respect of the movable property shown in Sch. D of the plaint. The contest chiefly lies between the plaintiff, the son of the deceased Mahadeos daughter Anchi on the one hand, who claims to be the next reversioner on the death of all the daughters of Mahadeo, and the second defendant Jainarayan on the other, who claims the property under the oral will of Mahadeo and also as his adopted son. The claim of Jainarayan is supported by the 14th defendant Kukhminibai who is the daughter of Mahadeos deceased daughter Narbada, and also by the first defendant Damodhar, who is the son of Mahadeos another deceased daughter Saraswati. Defendants Nos. 5, 6, 7, 9, 11 and 12 are only the tenants of the portion of the suit properties. They plead that they have taken this portion from the second defendant and claim no interest in the suit property. They have also stated that they are willing to deliver possession of the portion in their respec











































































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