Judgement

Appeal (No. 42 of 1939), by special leave in forma pauperis, from a decree of the High Court (August 20, 1935) which reversed a decree of the Subordinate Judge at Satara (December 21, 1931).

The following facts are taken from the judgment of the Judicial Committee —

MADHAVRO

(died in 1894)

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| | |

Anandrao (died Rangrao (die d i)n 1894 Govinda (died in 1894)

in 1928) |

Vinayak (died in 1921) = Trimbak Died in | |

Sarawatibai 1910) Gopala (died in Warman

(Defendant No. 2) | 1994) (Defendant No.

| | 1)

Law. Rep. 69 Ind. App. 64 ( 1941- 1942) Appa Trimbak Deshpande V. Waman Govind Deshpande

107

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Madhav alias Govind (adopted Raghunath Appa (Plaintiff) Govind (adopted

Bapu (died in son. Defendant (Defendant No. by Defendant

1925) No. 3) 4) No. 2)

In 1865 the appellants grandfather, Rangrao, was given by his father, Madhavrao, to the widow of one Vishnu in adoption to her deceased husband. Madhavrao had two other sons, Anandrao and Govinda, and by a deed, dated May 18, 1868, to which the father and all three sons were parties, the terms on which the adoption had been made were expressed. A main term was to the effect that on Madhavraos death the total income from his ancestr