SHIVAJI T SONAVALE Vs. PARVATHIBAI B PAWAR

JUDGEMENT

(1.) THIS second appeal is by the defendant being aggrieved by the judgment and decree passed by the Prl. Civil Judge (Sr. Dvn), Jamkhandi in RA1/1998.

(2.) PLAINTIFF had filed a suit for declaration and injunction and in the alternative for possession, before the Civil Judge (Jr. Dvn.), jamkhandi in OS 98/1992.

(3.) IT is stated in the plaint that one Bhayu pawar had two issues, one by name Ramappa, and another by name Rukamavva. Ramappa had a son by name Bhavu and Parvathibai, the plaintiff is his wife. The said Bhavu predeceased Parvathibai. Plaintiff claims the suit property stating that it is gifted to her husband by rukamavva, his maternal aunt and she also sought for declaration and injunction and in the alternative, for possession. The defendants claim to be the son of Tukaram who is none other than the brother of parvathibai. It appears, according to the plaintiff, the property was gifted to her husband as early as in the year 1940 by Rukmavva under a registered gift deed. According to the plaintiff, there was no vatdhi given to the respondent authorities with respect to the gift as she is a rustic villager. On the death of her husband, she being a widow came under the care and custody of the defendants and as such, the property was enjoyed and possessed by the plaintiff. She was given an impression that the property was entered in her name on the death of her husband. Accordingly, when her right to property was denied, she filed a suit for declaration and injunction and in the alternate, for possession contending that defendants have played fraud on her and got entered their name in the suit property although the property was gifted to her husband from his aunt.