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1980 Supreme(Bom) 270

SHARAD MANOHAR
Krishnabai Shivram Patil – Appellant
Versus
Ananda Shivram Patil – Respondent


Advocates:
S.J. Jadhav, for Appellant; S.R. Patil, for Respondent.

JUDGEMENT :- In this Second Appeal, the appellant was the defendant in the suit filed by the plaintiff-respondent for partition and possession of the plaintiff's alleged 1/2 share in the suit properties. The facts of the case are as follows:

2. The plaintiff alleged that one Shivram Patil was the owner of the suit property. He was a widower. The defendant was a widow. She came and stayed with him as his mistress. In due course he executed a maintenance deed, Ext.37, in her favour giving to her 1/2 share in the suit lands and a house which were to be in her possession for her lifetime. Shivram had a natural brother Govinda, who was separated from Shivram long ago. The plaintiff was the son of said Govinda. Shivram had no issue and hence, on 21st May 1957, he took the plaintiff in adoption and executed a registered adoption-deed in his favour on 28th May 1957. According to the plaintiff, the possession of all the properties was handed over by Shivram to him; but in the Revenue Records the properties continued to remain in his possession. Shivram died on 28th March, 1970, but before his death sometime after the adoption, Shivram got a consent-deed executed from the plaintiff with a vie
























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