: 1 : vss IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION SECOND APPEAL NO.181 OF 2008 Dharma Shankar Ahire & Anr. ... Appellants V/s. Alkabai Jagannath Nikam & Anr. ... Respondents Mr.Pankaj Purwa for Appellants Mr.Balkrishna Joshi for Respondent No.1 CORAM: SMT.NISHITA MHATRE, J. DATED: MARCH 29, 2010 P.C.: 1. The appeal has been preferred against the concurrent findings of fact recorded by both the Courts below in Regular Civil Suit No.92 of 1995 in Civil Appeal No.55 of 2004. 2. The appellants claim that they are entitled to the suit property by virtue of the will left by one Tulsabai, who was the sister of one Namdev. They contend that Respondent No.1 is not the daughter of Namdev and, therefore, is not entitled to the suit property. 3. Both the courts have recorded a finding of fact that respondent No.1 is the natural daughter of Namdev. The birth certificate of respondent No.1 was produced : 2 : at exhibit 243 and the entry in the birth register was also produced. Both these documents indicated that Namdev Arjun Ahire had a daughter who was born on 22.11.1959. Therefore, both the Courts have not believed the version of the appellants that Namdev died issue-less and that Tulsabai succeeded him. Both the Courts have also considered the fact that it was not possible to accept that the appellant became the owners of the suit land and by a will dated 21.5.1992 executed by Tulsabai. The Courts have held that the appellants had failed to prove the will and therefore had not accepted the same. 4. Second Appeal is dismissed as no substantial questions of law arise for determination by this Court.