SUBHEDAR
BAJIRAO – Appellant
Versus
DAULATRAO – Respondent
Subhedar, A J C—This application for revision arises out of insolvency proceedings and requires decision on a point of law of considerable importance. The facts concurrently held proved by the two Courts below are shortly these. The applicant Bajirao, who is 50 years of age, has two wives, Tanai and Radhai; from the former he has a son aged 16 and from the latter another son, Purushottam, three years old. Bajirao and his sons formed a joint Hindu family, governed by the Mitakshara Law, of which Bajirao was the manager. The family possesses considerable property both moveable and immovable. Bajirao was heavily indebted to several creditors, his total debts amounting to Rs. 37,640.
2. On 8th January 1926 Bajirao, of his own free will and accord, executed a deed of partition (Ex. A-1) whereby he purported to divide the joint estate between himself and his two minor sons under the guardianship of their mothers, the Reason assigned being that he was old and it was likely that after his death disputes might arise between his wives. The deed recites that the properties falling to the share of the minors are placed in possession of their respective mothers as their guardians and tha
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