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1936 Supreme(Nagpur) 35

VIVIAN BOSE
DATTATRAYA GOVIND – Appellant
Versus
NARAYAN GANGARAM – Respondent


Advocates Appeared:
K V Brahma, M B Kinkhede, P N Rudra, W B Puranik, Advocates

JUDGMENT

Vivian Bose—The plaintiff sues four different sets of defendants for possession of four different sets of property. The decision of the first Court gave rise, to different appeals in the lower appellate Court, and the two appeals now before me arise out of them. This judgment will govern both, that is this appeal and Second Appeal No. 161-B of 1933. Defendant 5, Dattatraya, is the appellant in this appeal. He is concerned with Survey Nos. 149 and 154/2 of mouza Zadgaon. The plaintiff's title to the property is as follows : One Jageshwar originally owned all the property now in suit. He died in 1898 leaving a widow, Mt. Saraswatibai, who inherited in the ordinary way. She died in 1918 leaving one Gangaram, the adoptive father of the plaintiff, as the next reversioner. He was on bad terms with his adopted son, and was then challenging the adoption in a regular suit against the plaintiff. He lost, and that is no longer material except perhaps to explain his attitude in what followed. At the time of mutation in 1920, instead of claiming the inheritance, he expressly disclaimed it, and was content to allow mutation in the name of Radhabai, the daughter of a predeceased brother o



























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