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1980 Supreme(Bom) 164

SHARAD MANOHAR
Sumintabai Ramkrishna Jadhav – Appellant
Versus
Rakhmabai Ramkrishna Jadhav – Respondent


Advocates:
Mrs. K.M. Kanade, for Appellant; M.P. Harsule, for Respondent No. 4.

JUDGEMENT :- This is plaintiff's appeal dismissing her suit for possession of the suit property. The plaintiff's claim in the suit pertaining to the lands in question was based on the following facts:

2. The property in dispute consists of S. No. 219 an S. Nos. 420 to 423 in village Nandur-Ghat, Taluka Kaij, District Bhir. For the purpose of understanding the rights of the parties, it would be useful setting out the admitted genealogy which is as follows :-


3. As shown in the genealogy, Limbaji had ½ share in the property after the death of Kushaba. Limbaji died in the year 1943 leaving behind his widow Sonabai (defendant No. 1 in the present suit) and three daughters. Subhadrabai, Lochanabai and Mathurabai (defendants Nos. 3, 4 and 6 respectively) and two sons Ramkrishna and Vishnu. There is a finding recorded by the lower Court, and there is no dispute about the correctness of the same before me now, that Ramkrishna died in the year 1944 and Vishnu died issueless in the year 1947. Ramkrishna died leaving behind Rakhamabai (defendant No. 2 in the suit). The present plaintiff is the daughter of Ramkrishna and Rakhamabai. The contention of the plaintiff is that Yesu brother of Limbaji































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