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1976 Supreme(Online)(Bom) 3

BOMBAY HIGH COURT
P.T. Patil, Naik, JJ
Totaram Maharu v. Ramabai


1. This is an appeal filed from the order of Mr. P.T. Patil, Joint Civil Judge, Senior Division, Jalgaon, dated 30th September, 1965, dismissing the plaintiff's suit which was for a declaration of ownership and possession of certain property under the Will of his father Chavdas Dharma Kolhe (hereinafter referred to as 'the deceased'). The Will in question was executed by the deceased on the 4th of August, 1963, and has been tendered as Ex. No. 45 in these proceedings. The deceased died on the 12th of February, 1964, and was, at the time of his death, of the approximate age of 82 or 83 years. The plaintiff's case is that his deceased father originally bore the name of Maharu Dhondu Kolhe, that when the plaintiff was still a child, his father was given in adoption to one Dharma Kolhe, and that thereafter the plaintiff's deceased father changed his name to Chavdas Dharma Kolhe, and the plaintiff was also brought up in the adoptive family. According to the plaintiff, after adoption, his deceased father got a son Bhaskar from his first wife, that Bhaskar died, in 1948 leaving a widow Tulsabai, that Tulsabai filed a suit, being Special Suit No. 29 of 1951, for partition against the decea
























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