RANGACHARYA RAMACHARYA JOSHI Vs. VIRUPAX KARVIR KULKARNI

JUDGEMENT

(1.) These two matters are taken together because they relate to disputes between the same parties about the same property and for a convenient disposal the Second Appeal has been referred to a Division Bench to be heard along with the Writ Petition.

(2.) The facts in respect of which there is no dispute at present, are briefly the following: The lands bearing Resurvey No.517/1, 2 and 3 of Ron Village of Dharwar District were originaly Kulkarnike watan lands granted in favour of the ancestors of the watandar Kulkarni. It appears that years ago these lands were put in possession of the petitioners, to whom we shall refer as Joshis as part of an arrangement under which the Joshis were to perform the worship of the family deity of Kulkarni. According to the case put forward on behalf of the Joshis, what they call a gift or 'dana' of these lands must have taken place prior to 1870-71 and they had also dealt with the lands in a partition in their family.

(3.) On 1st May 1951, the Bombay Paragana and Kulkarni Watans (Abolition) Act, 1050, came into force. Pursuant thereto, Kulkarnis applied to the Assistant Commissioner of the locality for regrant of the lands under S.4 thereof on 25th May 1053, after paying into treasury the occupancy price as determined by the section. The Joshis opposed the grant on the ground that grant should be made in their favour because of the more than 100 years, of possession claimed by them. The Assistant Commissioner passed an order on 16th December 1954 rejecting the application of the Kulkarni, taking the view that his rights in the land have been destroyed by the adverse possession of the Joshis.