JUDGMENT - C.J. R.M. KANTAWALA, J.:---The Division Bench consisting of Deshmukh and Sapre, J. by its judgment and order dated 14th/15th July, 1975 has referred the following question for determination by the Full Bench :

"When an alienation like the service inam in this case was a grant to a family in the name of senior member and the same is abolished, whether the provisions of section 4 of the Bombay Merged Territories Miscellaneous Alienation Abolition Act, 1955, extinguish the ordinary rights and incidents in respect of such alienation under the personal law of the parties?"

The dispute in this appeal relates to lands pertaining to service inam. Originally the grant was to one Gangadhar and after his death an heirship enquiry was started in the year 1859. As a result thereof, the name of Narhari, his son, was entered as Navawala in respect of service inam by an order dated May 10, 1889. The genealogy of Narhari Gangadhar is as under :---

NARHAR GANGADHAR

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Sadashiv (died in 1959) Shankarrao Balkrishna Madhav

wife Laxmibai (deft. 9) (died in 1945) (died in 1952) (died in 1933)

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