PANDHARI Vs. RAMCHANDRA

JUDGEMENT

(1.) This appeal has been filed by the defendant No. 1 which was admitted on the following substantial question of law:--

(2.) The defendant No. 1 filed a written statement in which, inter alia, it was pleaded that Mohini Bai was married wife of Pandurang. The factum of compromise in the earlier suit was denied. It was pleaded that suit land was allotted to Mohini Bai in lieu of her right to maintenance and after commencement of Hindu Succession Act, 1956 (for short the 'Act'), by operation of law, Late Mohini Bai became absolute owner of the property. Thereafter, she executed a registered Will in favour of the defendant No. 1. A counter-claim was also filed seeking relief of possession and damages.

(3.) The learned trial Court vide judgment and decree dated 4-2-1993, inter alia, held that Mohini Bai was not concubine of Pandurang. On the basis of judgment and decree which passed on the basis of compromise (Exhibits-P-1 and P-2), the trial Court held that Mohini Bai was granted right of maintenance in respect of the suit property and after commencement of the Act, by operation of law, she became the absolute owner of the property in question and accordingly, she was competent to execute the Will (Exhibit-D-1) in favour of the defendant. The trial Court dismissed the suit and decreed the counter-claim of the defendant and the plaintiff was directed to handover possession of the suit property.