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1959 Supreme(Bom) 114

S.P.KOTVAL, V.B.RAJU
Ramaji Batanji – Appellant
Versus
Manohar Chintaman – Respondent


Judgment-

1. This is a first appeal by Plaintiff Ramaji whose suit for a declaration of title to three houses Nos. 190, 580 and 582, New Shukrawari, Nagpur, for possession and for mesne profits was dismissed by the Fifth Additional District Judge, Nagpur. The relevant lacts which are necessary for the disposal of this appeal are as follows:

2. One Maroti son of Damaji died in 1920 leaving behind him his widow Sarubai and two daughters Jaibai and Vithabai. Plaintiff is the son of Jaibai. Defendants Nos. 1 and 2 are the grandsons of Vithabai, their father Namdeo having predeceased them in 1943. Defendant No. 1 who died during the pendency of the suit was represented by his widow Defendant No. 1 (c) and his two minor sons Defendants Nos. 1 (a) and 1(b). , Defendants Nos. 3 to 15 are tenants in occupation of the houses in dispute. It is common ground that Maroti who died in 1920 owned three houses bearing Nos. 190, 579 and 582. The suit relates to two of these houses namely Nos. 190 and 582 and another house bearing No. 580. It is also common ground that after the death of Maroti in 1920 his widow Sarubai who succeeded him and had widows life interest died in 1921 and that after 1921 the




























































































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