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1958 Supreme(Bom) 170

S.M.SHAH, V.S.DESAI
Gulabrao Fakirrao – Appellant
Versus
Baburao Fakirrao and Anr – Respondent


JUDGMENT - (1) One Fakirrao Manikrao a resident of the village of Fursungi in the district of Poona, died on 12-3-1929; leaving him surviving two sons - Baburao (Defendant) and Gulabrao (plaintiff) - and his wife Anusuyabai (plaintiff 2). At the time of Fakirraos death, Baburao the elder son was about 19 years age and Gulabrao was about 5 years of age. Fakirrao was the village Patil and after his death the office of Patil devolved upon his son Baburao. The family was receiving an annual income of Rs. 150 whenever the duties of the office of the Patil were performed by members thereof. Between 1910 and 1920 Fakirrao officiated as the Patil, and between the years 1930 and 1940 Baburao, the eldeer son of Fakirrao, peformed the duties of the Patil. Fakirrao was possessed of S. No. 41/2 admeasuring 6 acres 1 guntha, S. No. 31/2 admeasuring 7 acres 13 ganthas.S. No. 9.7 admeasuring 0.30 gunthas and two other lands S. Nos. 9/10 and 11 of Fursungi. S. Nos. 41/2 and 31/2 were irrigated from canal waters and S. No. 9/7 had a well in it. S. Nos. 9/10 and 11 were not valuable lands. Besides these lands, Fakirrao was possessed of three houses in the village of Fursungi. Fakirrao was not in affl























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