PARASU KUSHAPPA Vs. VISHWAMBHAR

JUDGEMENT

(1.) These two appeals arise out of a decision of the first Class Subordinate Judge of Kolhapar in Regular Suit No. 2/33 of 1939. That suit was filed by the plaintiffs for recovering possession of Revision Survey No. 208 or Sangav, Taluka Kagal, admeasuring 8 1/2 big as, from the defendants. The contention taken up by the defendants in resisting the suit was that they were permanent tenants. The learned trial Judge accepted that contention and dismissed the suit so far as the relief for possession was concerned and passed a decree in the following terms:

(2.) The defendants in the above mentioned suit could be grouped into three sets. Defendants 26 27, 28, 33 and 34 who are the sons of deceased defendant 1 represent the Darekar family. Defendants 3, 4, 5, 6, 7, 8, 9, 10, 11 and 12. represent the Kerle family. Defendant 2 originally belonged to the Kerle family but was adopted out in the Dhavan family. Defendants 29 to 32, who are heirs of the deceased defendant 13, and defendants 14 to 25 represent the Patel family. The plaintiffs represent the branch of Vishwam-bhar Pandit alias Dada Maharaj who was one of the two sons of the original acquirer of this inam, namely, Shree Vasudeo Pandit alias Bhau Maharaj. Plaintiffs 1A to 1D are heirs of plaintiff 1 who died during the pendency of the suit. Plaintiffs 2, 3 and 4 are the sons of Shri Vishwambhar Pandit alias Nana Maharaj who was one of the grandsons of Vishwambhar Pandit alias Dada Maharaj. the deceased plaintiff l was a brother of plaintiffs 2, 3 and 4.

(3.) The suit land, as stated above, is Revision Survey No 208 of Sangav Taluka Kagal, Kolhapur, the said land admeasures 8 1/2 bighas and forms a part of the original parcel of 29 1/2 bighas of land which was granted as inam to the plaintiffs' ancestor Va udeo Pandit alias Bhau Maharaj in the year 1818 by one Vantmurikar Desai as dharmadaya inam. This land (suit land) is known by the name of Satva Mali's KAMat.