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1999 Supreme(Bom) 262

R.M.LODHA
Vasant Narayan Khakhanis – Appellant
Versus
Prabhavati Balchandra Harjarnis,since deceased by heirs and others – Respondent


JUDGMENT - R.M. LODHA, J.:---By this judgment the second appeal filed by the original plaintiff and the cross objections filed by original defendant No. 1 are being disposed of.

2.The suit property is the bungalow known as Laxmi Kunj built on City Survey No. 33/1B of Erandavane on the plot obtained on permanent lease from Deccan Gymkhana Co-op. Housing Society Ltd. in Pune. One Narayan Kashinath Karkhanis (for short Narayan) obtained the said plot on permanent lease. The bungalow thereon was constructed by him from his own earnings as well as from the funds of his wife Ramabai. He died on 16-4-1968 and his wife Ramabai died somewhere in the year 1977. The original plaintiff Sou. Prabhavati Bhalchandra Hajarnis, the original defendant No. 1 Vasant Narayan Kharkhanis, the original defendant No. 3 Gopal Narayan Karkhanis and the original defendant No. 2 Sou. Sumati Yeshwant Mathure are sons and daughters of Narayan and Ramabai. Narayan is alleged to have executed the Will bequeathing the aforesaid property in favour of his wife Ramabai on 21-1-1956. Later on the said Will is said to have been revoked by execution of the Will dated 17-1-1963 which was jointly executed by Narayan and his































































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