JUDGMENT - Masodkar B.A. J.-This appeal questions the decree made by the trial Court with regard to survey No. 398 of village Kasabe Pedgaon, Taluka Shrigonda, District Ahmednagar, holding that the said land belonged to one Bhiku and plaintiff No. 1 was born to him before his death and was his legitimate daughter. Bhiku died sometime on April 24, 1970 at Pedgaon. The suit was filed thereafter, claiming the right of inheritance by plaintiff No. 1 as his daughter and by plaintiff No. 2 as his real elder brother, while plaintiff No. 3 as the sister.

2. The plaint alleged that the present appellant Sushila was the kept mistress of Bhiku and she was residing with Bhiku since before 2-3 years before 1961, i. e., since about 1958, as Bhiku had no wife nor any son. Bhiku was completely under the control of Sushila, defendant No. 1, and he was unable to think freely and on his own. The plaint further alleged that by deceit and by exercise of undue influence promising that she would maintain him well, Sushila encouraged Bhiku to take to drinks and eventually on July 28, 1961, by exercising undue influence, got his property gifted to herself. It was further alleged in the plaint that she made

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