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1995 Supreme(Bom) 77

N.D.VYAS, M.L.PENDSE
Appa Babaji Misal Patil & others – Appellant
Versus
Dagadu Chandru Misal since deceased by his heirs & others – Respondent


JUDGMENT - PENDSE M.L., J.:---These two appeals raise an interesting question of Hindu Law relating to succession of property inherited by a woman prior to Hindu Succession Act, 1956. It is necessary to set out the relevant facts to appreciate the question involved in these two appeals.

The land bearing Survey No. 114 of Village Chinke in Sangola Taluka of Solapur District admeasures 28 acres and 33 gunthas. The land originally belonged to one Sukhdeo who was a common ancestor. The genealogy of Sukhdeo is as under :-

Sukhdeo

|

-----------------------------------------------------------------------

Balu Yesu Sheshappa

| |

----------------------- --------------------------

| | | |

Shahaji Ijappa Pandu Daji

| | (Krishnabai)

Aba Chandru |

| | ---------------------------

Gunabai Dagadu (Plaintiff) Bajrang Kasabai

Sukhdeo had three sons Balu, Yesu and Sheshpapa. Yesu died at young age and his branch was extinct. Balu had two sons, Shahaji and Ijappa. Ijappa's son is Chandru and Chandru's son is plaintiff. Sheshappa had two sons, Pandu and Daji and Daji had two children, Bajrang and Kasabai. Krishnabai, a w














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