1. By this appeal, the appellant/original defendant no.1 has challenged judgment and decree dated 21.2.1997 passed by the 2nd Additional District Judge, Nagpur in Regular Civil Appeal No. 417 of 1993. Present appeal was admitted on 24th June 1998 and grounds set out in the memo of appeal are treated as substantial questions of law arising in the appeal.

2. Learned counsel for appellant submits that questions of law extracted from the grounds set out in the memo of appeal could be thus –

(i). Whether Parvatibai wd/o Shankarrao Telrandhe could not have executed Will bequeathing suit house in favour of plaintiff Prabhakar Maniram Telrandhe?

(ii). Whether Parvatibai had no right, title or interest in the suit house?

3. Heard learned counsel for appellant. None appears for respondents, though served. Having gone through the entire record; having heard learned counsel for appellant and examining legal position, questions of law have to be answered in the negative and appeal ought to be dismissed.

4. One Shankarrao Telrandhe was owner of suit house. He died on 30.12.1976 issueless, leaving behind his widow Parwatibai who became absolute owner of the suit house and by Will dat