Judgement

ALAGIRISWAMI, J.:- In the year 1932 one Shantappa Wathare, father of respondents 1 and 2 in C.A.1942, executed a document (we are using the word document because the character of the document was the subject-matter of subsequent litigation) in respect of the western 1/3rd share of Survey No.99 measuring 7 acres and 39 gunthus in the village of Bamani in the State of Miraj in favour of Nabisha Pirjade of Miraj. In 1936 he executed a similar document in respect of middle 1/3rd and in 1941 Dashrath and Bhima, belonging to another branch of the family, executed a similar document in respect of the eastern 1/3rd portion of the land in favour of the said Nabisha Pirjade. On 11-8-1948 Miraj State merged in the then Bombay Province and from that date the Bombay Tenancy Act, 1939 became applicable to the lands in question. On 15-9-1948 the Bombay Agricultural Debtors s Relief Act, 1947 became applicable to the areas of the former Miraj State and on 28-12-1948 the Bombay Tenancy and Agricultural Lands act, 1948 came into force in the same area. In 1949 the two branches of Wathares started two separate sets of proceedings under the Bombay Agricultural Debtors Relief Act contending