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1942 Supreme(Nagpur) 135

PURANIK
SAMBHASIO NARAYAN DEODE – Appellant
Versus
KASHINATH NAGOJI THAKRE – Respondent


JUDGMENT

Puranik, J—The plaintiff-respondent is the izardar of village Yedat in Wun taluq, district Yeotmal. The defendant-appellant is recorded as the plot-holder of field survey No. 89 of that izara village. This field was sold by the izardar to one Narayan Devaji Hepat Kunbi by sale deed dated 10th March 1924 (Ex. P-l) for Rs. 4500. It is stated in the sale deed that in lieu of the consideration of Rs. 4500 the entire field survey No. 89, area 24 acres 32 gunthas, rent Rs. 16 together with all rights and trees and shrubs owned by them and in their possession situate at the izara village, mouza Yedat, pargana Kayar, taluq Wun, district Yeotmal, is sold, and that the purchaser should enjoy the same generation after generation. This Narayan sold the field to one Krishnayya brothers Sambaya and Madhav Naraya by sale deed (Ex. D-l) dated 10th November 1933. In this sale deed, the purchasers got inserted the following additional words, which are not to be found in Ex. P-l: 'together with the entire rights of izara.' This Krishnayya and others sold the same field to the present defendant by sale deed dated 18th April 1936, and the words 'together with all the rights of izara' are mentio










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