JUDGMENT - R.A. JAHAGIRDAR, J.:---The appellants in this appeal were defendants Nos. 1 and 2 in Special Civil Suit No. 30 of 1979 which was filed by respondents Nos. 1 to 4 in the Court of Civil Judge (Senior Division) at Dhule. For the sake of convenience, the parties will be referred to as the "plaintiff" and the "defendant". In order to understand the nature of the suit, it is necessary to mention the relationship between the parties.

2. One Tukaram had been married to Dagubai, who is plaintiff No. 1. She has three daughters from Tukaram. They are plaintiff Nos. 2, 3 and 4. During the subsistence of his marriage with Dagubai, Tukaram married Lilabai, who is defendant No. 2, sometime in the year 1976. From her he got a son, Shantaram who is defendant No. 1. Tukaram died in June 1978. The plaintiff filed the suit against the defendants who were in possession of several properties which had been left by Tukaram. The suit was, in particular, for a declaration that the defendants were not the legal heirs of Tukaram, that they have no right, title or interest in the properties of Tukaram, and for possession of the said properties. Since the plaintiffs, who were four in number, were ent

Click Here to Read the rest of this document