A.ALAGIRISWAMI, M.H.BEG, P.JAGANMOHAN REDDY
Jagdev Daulata Mahadik – Appellant
Versus
Govindrao Balwantrao – Respondent
Judgment
JAGANMOHAN REDDY, J. :- These appeals arise out of two suits Nos. C. S. 27 of 1952 and C. S. 190 of 1952 on the file of IInd Joint Civil Judge (J. D.) Satara. A brief history of the facts leading to this litigation is necessary for a proper understanding of the issue in the case. Narayanrao father of Durgabai and Govindrao were brothers and owned suit properties which were held by them as joint family property. As Narayanrao ahd borrowed monies from various persons those creditors filed suits against him and got the joint family properties attached. Govindrao naturally objected and wanted that attachment to be made enforceable only against the share of Narayanrao. Accordingly only one half share of Narayanrao was put up for sale. Even before the half share was brought to sale. Govindrao filed suit O.S. No. 313 of 1923 against Narayanrao for partition of the joint family properties and for separate possession of his half share. On October 26, 1923. Narayanrao s half share in A Schedule properties was purchased by one Narasingarao who was Mukhtyar of Govindrao. On April 20, 1924 symbolic possession was obtained by Narasingaroa of that half share. On July 1, 1925, by a regi
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