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1951 Supreme(Bom) 184

BHAGWATI, CHAINANI
Mahadoba Devasthan – Appellant
Versus
Mahadba Romaji Bidkar – Respondent


Advocates:
S.H. Lulla with R.N. Bhalerao - for Appellant; Y.V. Chandrachud - for Respondents (Nos.1 and 2).

Judgement

BHAGWATI, J. :- This is a first appeal from the decision of the learned Joint Civil Judge (S.D.) at Poona who dismissed the plaintiffs suit. The plaintiff is the Shree Mahadoba Devasthan, Mouje Theur, Kasbe Poona, by its vahivatdar Keshav Waman Waghule, and the suit was filed by the plaintiff thus described against the original defendant 3 who was the then vahivatdar and the father of Keshav Waman Waghule and defendants 1 and 2 who were alienees of certain properties alleged to belong to the plaintiff for two declarations, one that the sale-deeds of the suit lands were void and the lands were of the ownership of Shree Mahadoba Devasthan, and two, that the plaintiff was entitled to recover possession of S.nos.240A, 242, 243 and 244 from the Government and recover possession of S.No.245 from the defendants and costs of the suit. The defences which were taken up were that Keshav Waman Waghule was not the vahivatdar, defendant 3 being the vahivatdar of Shree Mahadoba Devasthan, that the suit properties were not the Devasthan properties, that the alienations were valid and binding on the plaintiff and that the suit was barred by limitation, the defendants having been in adverse






































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