Mumbai Court March 1928 Judgments

Bhimava Bhimappa Dodmani Vs. Krishtagowda Ramangowda Patil

Court: Mumbai

Reported in: (1928)30BOMLR908; 113Ind.Cas.251

Patkar, J.1. The plaintiff in this case sued to obtain a declaration that lie was entitled to the suit property according to the will of deceased Bhimappa and to recover possession of the property. Bhimappa died on May 6, 1912, leaving behind him his widow defendant No. 1, his daughter defendant No. 2, his daughter-in-law defendant No. 4, and defendant No. 3 the widow of a pre-deceased undivided member of the family. Defendant No. 1 adopted one Venkappa, who brought suit No. 45 of 1917 against the present plaintiff and defendants Nos. 1 to 6, in which he claimed to be the adopted son of Bhimappa. The suit of Venkappa was defeated by defendant No. 1 on the ground that there was a will made by Bhimappa in favour of the present plaintiff. The will is held proved in this case. The question involved in this appeal is as to the construction of the will. The learned Subordinate Judge held that the gift was made to the present plaintiff as persona designata without making the gift conditional ...