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1977 Supreme(Bom) 54

VAIDYA, NAIK
Limba – Appellant
Versus
Manikrao – Respondent


Advocates:
In F. A. No. 135 of 1969, R.G. Bhadekar, for Appellants; S.J. Deshpande (for No. 1) and K. H. Kulkarni (for No. 2), for Respondents. In F. A. No. 449 of 1969. K.H. Kulkarni, for Appellants; B.R. Patil for B.N. Deshmukh (for No. 1)
and R.G. Bhadekar (for Nos. 3 to 5), for Respondents.

Judgement

VAIDYA, J. :- The above First Ap­peals are directed against the judgment and decree dated Dec. 28, 1968, passed by the Civil Judge, Senior Division, Latur, in Special Civil Suit No. 30 of 1965, filed by respondent No. 1 Manikrao, on April 29, 1965.

2. The allegations made by the plain­tiff, in the plaint, may be briefly sum­marised as under :

The plaintiff was related to defendant No. 1, Sitabai, as per the following pedigree :

3. The subject-matter of dispute was the land, survey No. 24, measuring 25 acres 27 gunthas, assessed at Rs. 19.72, situated at village Shivoor, in Taluka Latur. The said land was part of the plaintiffs ancestral property, enjoyed during the lifetime of the father of the plaintiff and the husband of defendant No. 1 Govindrao as joint family pro­perty.

4. The father of the plaintiff Bhujangrao died, on Feb. 20, 1950 As a re­sult of his death, the surviving family consisted of the plaintiff and Govindrao, who also died as a member of the joint family on Dec. 4, 1950, without leaving any male issue and leaving only defen­dant No. 1 as his widow. The plaintiff thus claimed to be in enjoyment of the suit property since his minority till 1954 as the sole surv
































































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