JUDGMENT - K.K. Desai, J.

(1) This is plaintiff appeal against the judgment and decree dated December 31, 1958 passed by the Civil Judge, Sinor Division. Satara, dismissing the plaintiff special Civil suit No. 10 of 1957,

(2) The relevant of facts are as follow: About 40 years prior to 1957 [the date of the suit], one Narayan died intestate of at village Mardhe, living him surviving as his only heirs and next of kin his two windows respectively senior Laxmibai, and Junior Tanubai and one Janabai, daughters to the senior widow Laxmibai. He left 23 properties at villages Mardhe, all or which are mentioned in schedule of properties annexed t the plaint. The two widows appears of the to have mortgaged properties mentioned in serial Nos. 4 to 9 12 to 15 and 17. All these properties were in course, of time redeemed by defendants No.2 Janabai the daughters of senior widow Laxmbai. The properties in Serial Nos. 20 and 21 were sold in 1937 to defendants No.3, property serial No. 18, was sold by defendants No. 2 to defendants 4 and 5 in 1950. Property, serial No. 23, was sold by the widow laxmibai died intestate in 1948 The plaintiff case is that Tanubai was residing with the natural father of

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