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1982 Supreme(SC) 73

O.CHHINNAPPA REDDY, A.P.SEN, BAHARUL ISLAM
Nagesh Bisto Desai – Appellant
Versus
Khando Tirmal Desai – Respondent


JUDGMENT

SEN, J.:—These nine consolidated appeals on certificate are directed from a common judgment and decree of the High Court of Mysore at Bangalore dated June 22, 1962, which affirmed, subject to a modification, the judgment and decree of the Civil Judge, Senior Division, Dharwar, dated July 5, 1956, substantially dismissing the plaintiffs claim for declaration of title to, and possession of, certain watan properties and decreeing instead his alternative claim for partition and separate possession of his one-sixth share therein.

2. The principal question in controversy in these appeals is whether Ss. 3 and 4 of the Bombay Paragana and Kulkarni Watans Abolition Act, 1950 (for short Act No. 60 of 1950) and Ss, 4 and 7 of the Bombay Merged Territories Miscellaneous Alienations Abolition Act, 1955 (for short Act No. 22 of 1955), which provided for abolition of watans and alienations in the merged territories, resumption of watan land and its re-grant, to the holder for the time being, which brought about a change in the tenure or the character of holding as watan land, affect the other legal incidents of the property under personal law.

3. The suit out of which these appears arise,

















































































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