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BOMBAY HIGH COURT
Daulatrao Malojirao – Appellant
Versus
Government of Bombay – Respondent
JUDGMENT
Leonard Stone, Kt., C.J.
- This is an appeal and cross-appeal from the judgment dated July 31, 1940, of the First Class Subordinate Judge of Dharwar.
2. The plaintiff, who is the appellant in this Court, claims to be the saranjamdar of an estate of which his ancestors had been tenants-for-life for a great many years. The estate was formerly part of a larger saranjam estate known as the Gajendragad estate registered in the books of Government in the name of an elder branch of the appellant's family. In or about the year 1842 one of the saranjamdars of this elder branch appointed as manager of a part of the Gajendragad estate a certain kulkarni, who was the ancestor of respondent No. 2. Whether this appointment was made orally or in writing does not appear, and no documentary confirmation of it is forthcoming. However, there is no dispute between the parties that some arrangement was in fact made, nor is it disputed that in consideration of hereditary services to be rendered by the kulkarni and his descendants in managing part of the estate and collecting the rents and profits thereof the kulkarni and his descendants were to retain for their own use the rents and
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