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1970 Supreme(Bom) 142

D.G.PALEKAR, M.H.KANIA
Bapusaheb Bhausaheb Patil and Anr – Appellant
Versus
Gangabai – Respondent


JUDGMENT - 1. This is an appeal by the plaintiffs whose suit for possession has been dismissed by the learned Joint Civil Judge Senior Division, Kolhapur. The suit was for the recovery of possession of some agricultural lands and a house in village Shrati in Kolhapur District. The lands are about 35 acres in extent and are assessed to land revenue of Rs. 211-5-9.

2. The plaintiffs and defendant No. 1 are the daughters of one Appa alias Jangonda and their mothers name was Hirabai. Appa was the only son of one Devgonda. Devgonda had a brother named Jingonda, who appears to have been deaf and dumb. Defendants Nos. 2 to 6 are the grand-sons of this Jingonda, being the sons of Nemgonda alias Balgonda.

3. Jingonda died sometime before Devgonda leaving behind him his son, Nemgonda alias Balgonda. In about 1902 Devgonda and his son Appa went on a pilgrimage. When they were on the pilgrimage Devgonda died first in 1902 and Appa soon thereafter. So, Devgondas branch in 1902 consisted of Appas widow Hirabai and her three daughters viz., the plaintiffs and defendant No. 1. It appears that the two brothers Devgonda and Jingonda were members of a Hindu joint family and it can, therefore, be said t













































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