BAPUSAHEB BHAUSAHEB PATIL Vs. GANGABAI

JUDGEMENT

(1.) THIS is an appeal by the plaintiffs whose suit for possession has been dismissed by the learned Joint Civil Judge Senior Division, Kolhapur. The suit was for the recovery of possession of some agricultural lands and a house in village Shrati in Kolhapur District. The lands are about 35 acres in extent and are assessed to land revenue of Rs. 211-5-9.

(2.) THE plaintiffs and defendant No. 1 are the daughters of one Appa alias Jangonda and their mother's name was Hirabai. Appa was the only son of one Devgonda. Devgonda had a brother named Jingonda, who appears to have been deaf and dumb. Defendants Nos. 2 to 6 are the grand-sons of this Jingonda, being the sons of Nemgonda alias Balgonda.

(3.) JINGONDA died sometime before Devgonda leaving behind him his son, Nemgonda alias Balgonda. In about 1902 Devgonda and his son Appa went on a pilgrimage. When they were on the pilgrimage Devgonda died first in 1902 and Appa soon thereafter. So, Devgonda's branch in 1902 consisted of Appa's widow Hirabai and her three daughters viz. , the plaintiffs and defendant No. 1. It appears that the two brothers Devgonda and Jingonda were members of a Hindu joint family and it can, therefore, be said that after the death of Devgonda, Jingonda and Appa, the only male member of Hindu joint family was Nemgonda alias Balgonda. All the properties of the family, many of which had been acquired by Devgonda, were in the possession of Devgonda's branch, and, naturally, on death of Devgonda and Appa in 1902, Hirabai came into possession of all the agricultural lands belonging to the family and also the houses. Disputes arose between Nemgonda and Hirabai and the same were referred to an Arbitrator, who gave his award on 15-10-1903. This award was filed in Court and a decree in terms of the award was passed on 24-10-1903. Broadly, the result of this decree was that, out of about 130 acres of lands and six houses and house sites, 65 acres of lands and one house were allotted to Hirabai. Out of the 65 acres, 30 acres were ear-marked for the provision of maintenance and marriage of the three daughters and the rest of the property was ordered to be retained by Hirabai for life with certain restrictions. The 30 acres of lands given to the daughters were by way of absolute gift. But, so far as the lands allotted to Hirabai were concerned, they were to be in her possession only for her lifetime whereafter they were to revert to Nemgonda.