DATTAJIRAO BAHIROJIRAO GHORPADE Vs. VIJAYASINHRAO

JUDGEMENT

(1.) This is an appeal on a certificate given by the High Court of Bombay, from the judgment and decree of the said High Court dated November 12, 1952, by which it reversed the decision of the Civil Judge. First Class, at Dharwar dated April 20, 1949, in Special Civil Suit No. 16 of 1943.

(2.) The material facts are these Gajendragad in Taluk Ron in the district of Dharwar is a Saranjam estate known as the Gajendragad Saranjam bearing number 91 in the Saranjam list maintained by Government. Within that estate lay village Dindur and survey filed No. 302 of Unachgeri, which are the properties in suit. One Bhujangarao Daulatrao Ghorpade was the holder of the Saranjam estate at the relevant time. In 1932 the Saranjam was resumed and regranted to the said Bhujangarao by Resolution No. 8969 dated June 7, 1932, of the Government of Bombay in the Political Department. This Resolution said :

(3.) On February 8, 1943, the plaintiff respondent brought the suit against the Province of Bombay as defendant No. 1 the appellant as defendant No. 2 and Abayabai as defendant No. 3. The suit was contested by the Province of Bombay (now substituted by the State of Bombay) and the appellant. Abayabai supported the case of the plaintiff-respondent, but the died during the pendency of the suit.