KALGONDA BABGONDA PATIL Vs. BALGONDA KALGONDA PATIL

JUDGEMENT

(1.) This appeal is filed by the original plaintiff whose suit for partition and possession was decreed by the trial Court but on appeal before the Bombay High Court the judgment was reversed and the suit was dismissed. After grant of leave by this Court the present appeal is filed.

(2.) The property in suit was Inam land held by the ancestors of the appellant under Vat Hukums of Kolhapur State. The ancestors of the appellants respondents have been holding this Watan (Inam) land in lieu of service and as they were holding in the capacity of Vatan or Inam they were impartible. After contesting on various grounds the suit was decreed so far as the Watan lands were concerned. As regards Survey No. 397/1-2 the trial Judge found that they were converted into Rayatwari lands in 1904 and were allotted in an earlier partition to defendant No. 3 and therefore in the present suit they could not be claimed as properties liable to partition. About the lands held as Vatan lands the suit was decreed.

(3.) The present appellants filed a first appeal before the High Court of Bombay in respect of Survey No. 397/1-2 suit regarding which was dismissed by the trial court whereas the respondent No. 3 who was original defendant No. 3 also preferred a first appeal before the High Court in respect of the decree for partition granted against him and in favour of appellants. A Division Bench of the Bombay High Court heard both these matters and allowing the defendants respondent's appeal dismissed the suit of partition holding that when Watan (Inam) rights were abolished all rights including the right of partition also stand abolished. As the suit itself was dismissed the appellant's appeal in respect of Survey No. 397/1-2 also was dismissed.