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1950 Supreme(Bom) 70

P.B.GAJENDRAGADKAR, J.C.SHAH, M.C.CHAGLA
Ramappa Vanappa Akale and Ors. – Appellant
Versus
Laxman Malyappa Akale – Respondent


Judgment

Gajendragadkar, J.

1. This is a second appeal which has come to this Court from Kolhapur and it has been placed before a Pull Bench because the learned Chief Justice of the Kolhapur High Court had directed that it should be heard by a Full Bench on the ground that the question of limitation which it raised was of some importance. The question of limitation ariees in this way :

2. The property in suit is a piece of land attached to the office of the village sanadi and it originally belonged to the family of the plaintiff and the defendants. The sanadi holding this land was liable to render service as such sanadi in the village chavdi of Mardi. It would appear that some time in 1904 there was a partition in the family of the sanadis and the land now in suit fell to the share of the branch of defendant 1. Since then defendant 1 has been in possession of it. The plaintiffs father died on 9-11-1926. Thereafter a revenue inquiry was held as a result of which the name of the present plaintiff was entered as a Navavala on l 6-1935. On 1-12-1941, the present suit was filed by the plaintiff claiming possession of the property in suit. His case was that after his name was entered as a
























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