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1956 Supreme(Bom) 14

H.K.CHAINANI, D.V.VYAS
Vishwanath Vithoba – Appellant
Versus
Genu Kisan – Respondent


JUDGMENT

The plaintiffs grand-father Gyanuji died in 1897. The date of the death of plaintiffs father Kisan is not known, but he died in or about 1923. The branches of Gyanujis two brothers, Bhausaheb and Maruti are now extinct. (2) The dispute between the plaintiff and the defendants relates to three houses, bearing C. S, Nos. 396, 386 and 576. According to the plaintiff their old C. T. S. Nos. are 663, 468 and 520 respectively. The plaintiffs case is that these three houses were purchased by his grand-father, Gyanuji, on 30-9-1889, 17-4-1893 and 17-8-1895 respectively. Along with the plaint he produced certified copies of three sale-deeds exhs. 75, 76 and 77.

The present city survey numbers are not mentioned in these documents. But the plaintiff stated in the plaint that these sale-deeds were in respect of the suit houses. He also mentioned in the plaint the old and the new C. Section numbers of each house. It was also alleged in the plaint that Gyanuji had purchased these houses as manager of the joint family, that after his death, the houses went into the management of the next senior; member of the family, Vithoba, that the plaintiffs father Kisan died as a member of the joint



























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