KASHINATHSA YAMOSA KABADI Vs. NARSINGSA BHASKARSA KABADI

JUDGEMENT

(1.) THE following Judgment of the court was delivered by

(2.) THESE six appeals are filed with certificates under Art. 133 of the Constitution granted by the High court of Judicature at Bombay. The appeals arise out of the judgments and decrees in suits Nos. 47 of 1948 and 36 of 1949 in the court of the Civil Judge, Senior Division, Dharwar. The following geneology set out in the plaint in Suit No. 47 of 1948 explains the relationship between the parties: <IMG>JUDGEMENT_1077_AIR(SC)_1961Image1.jpg</IMG>

(3.) THE Panchas then proceeded to award to each of the parties gold ornaments weighing 167 tolas 15 as. and silver 481 tolas and 4 as. On 24/09/1946, it is the case of defendant No. 1 that the Panchas decided to give him an additional share of the value of Rs. 40,000.00 out of the property for bringing the family ' to the present prosperous conditions ' and the Panchas directed that defendant No. 2 should for that purpose pay out of his share Rs. 30,000.00 to defendant No. 1 and the plaintiffs should pay Rs. 10,000.00 to him and the old house of the joint family be allotted to him as his exclusive property. This was denied by the other parties. On 12/10/1946, the Panchas divided the residential houses and a record of this division was entered in five separate books hereinafter referred to as 'partition books.' In each of the ' partition books the Panchas subscribed their signatures under the record of the division and allotment of the shares and the parties also signed underneath the same in token of acceptance of that division.