SupremeToday Landscape Ad
Back
Next
Judicial Analysis Court Copy Headnote Facts Arguments Court observation
Listen Audio Icon Pause Audio Icon
judgment-img

1927 Supreme(Nagpur) 113

KINKHEDE
JAGDEO – Appellant
Versus
VITHOBA – Respondent


JUDGMENT

Kinkhede, A J C—This is an appeal by the plaintiffs who have lost their suit in both the Courts below. They claim certain property as reversioners after the death of one Mt. Savitri, the widow of one Raisingh. They claim to be the descendants of Danaji who is said to be the common ancestor. Defendants denied the relationship and stated that Danaji had only two sons Khanaji and Kanaji whereas the plaintiff's contention was that Mukram, through whom they traced their descent was also one of the sons of Danaji.

2. The Court of first instance held that plaintiffs were not the reversioners and had no right to sue, and on that ground dismissed the suit. Plaintiffs preferred an appeal to the First Additional District Judge, Akola, who dismissed the appeal and confirmed the dismissal of the suit.

3. They have, therefore, come up in second appeal to this Court.

4. The lower appellate Court rightly remarks that the main strength of the plaintiffs' case lies in the genealogical tree (Ex. P-5) produced by Pundlik (P.W. 2). The said witness has deposed that the pedigree was prepared by his grandfather Bhagwan, as he learnt from his father. Plaintiffs have examined witnesses P.W. 2, P.W. 3






Click Here to Read the rest of this document
1
2
3
4
5
6
7
8
9
10
11
SupremeToday Portrait Ad
supreme today icon
logo-black

An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers

Please visit our Training & Support
Center or Contact Us for assistance

qr

Scan Me!

India’s Legal research and Law Firm App, Download now!

For Daily Legal Updates, Join us on :

whatsapp-icon telegram-icon
whatsapp-icon Back to top