L.M.Paranjpe, J. - (1.)This is a defendants' second appeal directed against an appellate decision whereby the decree for partition and separate possession of the plaintiff's one-third share was modified by decreeing her full claim for possession of property on the basis of a Will.
(2.)The suit property was held by one Bondku, who was the last surviving member of the family He died on 10-8-1957, at the age of 95, leaving behind him three daughters --the plaintiff Rambha, defendant No. 4 Rangoo, and defendant No. 1 Bangoo One other daughter Kewna had died issueless during the lifetime of Bondku. The defendant No. 4 Rangoo has two sons--Nathu. defendant No 5, and Dayaram, defendant No. 6. The defendant No. 1 Bangoo. who is the youngest of the daughters, has two sons--Ragho, defendant No. 2, and Sitaram, defendant No. 3, and a daughter Vithabai. This Sitaram, son of Bangoo died without any heirs and his name was struck off from the suit Bondku had left the property in suit at the time of his death,
(3.)The plaintiff-respondent Rambha filed her suit on the following allegations: Bondku got the plaintiff Rambha married to his sister's son who did not have any properly. The other two daughters. Bangoo and Rangoo, were well placed. Bondku brought the plaintiff and her husband who reside with him and they looked after his property and resided with him till his death in 1957. Bondku executed a registered Will on 23-6-1926 in respect of the entire property in favour of the plaintiff and the other daughter Kewna. Bondku was in full possession of his senses and was aware of his interests at the time of the execution of his Will with regard to his personal property as detailed in the plaint. Since the other legatee Kewna had predeceased Bondku, the properly which was given to her by Will would be shared by the plaintiff and the other two sisters equally. The defendants had wrongfully dispossessed her. Hence the claim for possession of the immovable property which was Willed away in favour of the plaintiff by Bondku and for partition of the property of Kenwa and separate possession of the plaintiff's share herein.