Bhojraj Sitaram Meshram v. Anandabai Roshanlal Mankar and Another

sa2.12.odt

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH, NAGPUR

Second Appeal No. 2/2012

Bhojraj Sitaram Meshram ..vs.. Anandabai Roshanlal Mankar & anr.

Office Notes, Office Memoranda of Coram, Appearances, Courts orders or directions and Registrar’s orders.

Court’s or Judge’s orders

Mr. A. K. Ankar, Advocate for appellant Mrs. D. I. Charlewar, Advocate for respondents.

CORAM : M.N. GILANI, J . DATED : JULY 20, 2012.

1. The appellant in this second appeal was the original defendant in Regular Civil Suit No. 10/1998 filed by two sisters namely; Smt. Anandabai and Smt. Prabhawatibai for declaration and possession of the properties left by their deceased father Asaram, who died on 10.09.1989. The defendant Bhojraj (appellant herein) was nephew of deceased Asaram. He resisted the suit mainly on two grounds. Firstly, on the point that on 07.05.1972, he was adopted by deceased Asaram and after his death, property devolved upon him, being the sole surviving son. Secondly, he claimed ownership on the basis of Will deed allegedly executed by Asaram on 11.02.1987 in respect of the suit property except the land bearing Gat No. 90 admeasuring 20 R. The learned trial Court, after appreciating the evidence, held that the defendant was not an adopted son of Asaram. However, held that the Will was rightly executed sans suit property Gat No.90 admeasuring 20 R. Therefore, the suit was decreed only for the land Gat No.90 admeasuring 20 R.