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1953 Supreme(Bom) 54

J.C.SHAH, D.V.VYAS
Vasant Atmaram and Anr – Appellant
Versus
Dattoba Rajaram – Respondent


JUDGMENT

1. The following genealogy will explain the relation between the parties to this litigation:

2. Dattoba, son of Ramchandra, died on 1-5-1935. Rajaram, had predeceased Dattoba, leaving him surviving his wife Chandrabai. After the death of Dattoba, Chandrabai adopted the plaintiff as a son to her deceased husband. The adoption was made on 15-5-1935. The family of the parties was originally resident of the former Kolhapur State. Dattoba was conducting the family shop at Sankeshwar (in the Belgaum district) which was opened sometime in the year 1917 and he was residing permanently in Sankeshwar. Sankeshwar is at a distance of about 14 or 15 miles from the village of Ainapur which was the place where the family originally resided.

It appears that Dattoba had migrated from Ainapur to Sankeshwar and was residing in Sankeshwar for attending to his business. He had set up a family house and his son Rajaram and even the defendants who arc the cousins of Dattoba were living at Sankeshwar. It appears that the family was possessed of properties some of which were at Sankeshwar, some in the town of Kolhapur and the remaining properties were in Ichalkaranji, Jahagir, which was also a part o














































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