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2018 Supreme(Bom) 1728

A.M.DHAVALE
Mainabai W/o. Rangnath Patankar – Appellant
Versus
Kundalik S/o. Dhondiba Kaladhone – Respondent


Advocates Appeared:
For the Appellant :Dr. Swapnil D. Tawshikar, Advocate
For the Respondents:Mr. Vivek Bhavthankar, Advocate

JUDGMENT :

The appellant is original plaintiff. Her suit bearing RCS No. 477/1984 for declaration that she was daughter of Bala, certificate u/s 38(E) of Hyderabad Tenancy and Agricultural Lands Act, 1950 be declared non-effective and she be put in possession of Bala's land was decreed by Civil Judge Jr. Divn., Ambajogai. Aggrieved defendants had preferred RCA No. 8/92. The ld. Addl. District Judge, Ambajogai by his Judgment dt. 27.06.2002 held that, the plaintiff failed to prove that Bala had married Vanchalabai and she was daughter of Bala. The defendants proved that they were nephews of Bala and by virtue of will, the suit property was bequeathed to them. Hence, the appeal was allowed and the judgment and decree of the trial Court was set aside and the suit was dismissed with no order as to costs. The aggrieved plaintiff has preferred the present second appeal.

2. The facts relevant for deciding this appeal may be stated as under :-

The appellant Mainabai is the original plaintiff and respondents 1A to 1E are legal heirs of defendant No. 1 – Kundlik. Respondents No. 2A & 2B are legal heirs of defendant No. 2 – Nagu. For the sake of brevity, the parties are hereinafter referred to b






































































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