Judgement

Appeal (No. 56 of 1921) from a judgment and decree of the High Court (December 22, 1916) reversing a decree of the District Judge of Dharwar (January 6, 1913).

The suit was brought by one Gururao, since deceased and represented by his widow the first respondent, against the appellant, the Secretary of State, and Vithalrao, the second respondent, to recover certain lands forming part of the Hebli estate.

That estate had been granted by the Government of the Peshwa at some date prior to 1775. No sanad was in existence, but proceedings before the Inam Commission of 1858, which contained certain records, were put in evidence.

On the introduction of British rule the estate was enjoyed in two moieties, one (which was not in question in the present proceedings) by Lakshmanrao representing the senior branch of the family, and the other by Ramchandrarao representing the junior branch. On the death of Ramchandrarao in 1818 the estate was continued, a nazrana being paid. Each of his two sons entered into separate enjoyment of a portion of their fathers estate, and that was recognized by the authorities. On the death of the elder son, which took place in 1842, the estate was continue