1988 Supreme(Bom) 56
P.B.SAWANT, B.G.KOLSE PATIL
Damodar Kashinath Rasane &Sahajadibai (Smt. ) w/o Bapubhai Momin – Appellant
Versus
Shahjabai (Smt. ) w/o Bapubhai Momin & others &Bakshuhsha Ahmad Shaha @ Mohamad Shah Momin & others – Respondent
JUDGMENT - P.B. SAWANT, J.:---Plaintiff Shahajadibi is the widow of late Bapubhai Momin, a Muslim governed by the Hanafi School of Mohamedan Law. Bapubhai owned a piece of agricultural land which is the subject matter of the suit. During his life time on October 9, 1944, he made a Will under which he bequeathed the entire land to one Bakshushaha who was his father's sister's son. Bapubhai died on 9-11-1949 leaving the plaintiff his widow, as the only heir. It appears that Bakshushaha renounced life and became a Fakir and his wife Hafizabi leased out the land in 1968 to defendants 2 and 3. Plaintiff Shahajadibi, therefore, filed the present suit in 1972 for recovery of the land from the defendants claiming the same in her capacity as the sole heir of her husband Bapubhai. The suit was registered by defendants 2 and 3, defendants No. 1 Bakshushaha remaining ex-parte. The defence was that Bakshushaha, whose wife had leased out the property to defendants 2 and 3 had become the owner of the entire land under the Will and the plaintiff had no right, title or interest left in the land. Alternatively, it was contended that defendants No. 1 had become owner by adverse possession and defend
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