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1953 Supreme(Bom) 87

J.C.SHAH, M.C.CHAGLA, Y.V.DIXIT
Pandu Mari Lote and Ors. – Appellant
Versus
Shripati Sadu Lote – Respondent


JUDGMENT - Chagla, C.J.

1. One Sadu Pandu died on 30-5-1914, leaving behind him a widow by the name of Janma. On 25-1-1916, Jamna executed a document relinquishing in favour of the next reversioners of her husband all the property left by her husband. The property consisted of both watan and non-watan lands. The next reversioners were defendant 1 and Sakharam, the father of defendants 2, 3 and 4. On 15-6-1938, Jamna adopted the plaintiff. On 31-1-1946, the plaintiff filed a suit to recover from defendants 1 to 4 the lands belonging to Sadu Pandu in their possession. The trial Court gave a declaration to the plaintiff that he was the validly adopted son of Sadu Pandu, but refused to give him relief with regard to the lands in possession of defendants 1 to 4, holding that there was a valid surrender in their favour by the widow. An appeal was preferred to the District Court. The lower appellate Court took the view that inasmuch as the surrender by the widow comprised not only non-watan lands but also watan lands and as she had not taken the consent of the Collector before she surrendered these lands to the next reversioners, the surrender was invalid, and taking that view the lower a













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