SHRIPATRAO VINAYAKRAO PATWARDHAN Vs. SHARATCHANDRA NILKANTH PATWARDHAN

JUDGEMENT

(1.) This second appeal is preferred by original defendants Nos. 3 to 7 and 11 to 14 to challenge the legally of the judgment dated August 12, 1974 recorded by the District Judge, Sangli decreeing the plaintiffs suit for partition and possession of several lands and house properties. The properties involved in the suit include lands of Saranjam tenure and the trial Judge dismissed the suit by judgment dated March 6, 1973 holding that the grant of Saranjami rights were in favour of defendant No. 1 only and the other members of the joint family had no interest in those lands, and therefore, the properties were not partible. [***]

(2.) The facts which have given rise to this litigation are not in dispute, but before setting out the relevant facts, it would be appropriate if the genealogy of the joint family is set out. The plaintiff and defendants Nos. 8, 9 and 10 belong to the branch of Ganpatrao, while defendant Nos. 11, 12 and 13 belong to the branch of Govindrao. The contesting defendant Nos. 1 to 7 belong to the senior branch of Moreshwarrao. The ancestor of the parties Moro Balvant Ballal was a member of the branch of Govind Hari Patwardhan, who founded the Miraj Sansthan. Maratha rulers i.e. Peshawas granted a Saranjam in favour of Govind Hari sometime prior to the year 1750 for a sum of Rs. 25 lacks and in this grant was included an allowance of Rs. 5000/- which was ear-marked for Moro Ballal. The grant was made in consideration of political or military service and the grantees were called upon to maintain troops. Initially the grant in favour of Moro Ballal was a cash allowance of Rs. 5000/-, but sometime in the year 1800 five villages were allotted to Moro Ballal in lieu of the amount which he was entitled to receive under the original grant. Those villages were Dahiwadi, Vayafale, Kushavade, Ropale and Madaginhal. Subsequently in lieu of village Vayafale two other villages Lingnoor and Vagholi were granted to the ancestors of the parties. In the year 1819, the grant was confirmed by one Mr. Chaplin, representing the East India Company and the covenant and the treaty was entered into between the Miraj Rulers and the East India Company whereby the rights of the Saranjamdars were guaranteed. A separate treaty was entered into by Mr. Chaplin with Balvantrao Moreshwar. It is required to be stated at this juncture that the initial grant was in favour of Moro Balvant who died in the year 1774 and on his death the estate was succeeded to by Shripatrao, his son and thereafter by Moreshwar and Balvantrao. Balvantrao had five sons Moreshwarrao, Shripatrao, Ganapatrao, Govindrao and Krishnarao. Shripatrao was given in adoption in 1840 and Balavantrao was living with his four sons and the joint family was in possession of various lands of Tainati, Saranjami, Inami and Sheri nature.

(3.) Balavantrao left for Kashi pilgrimage sometime prior to the year 1857 and thereafter his four sons continued to live jointly and enjoyed the income of various properties. The four sons of Balavantrao divided the moveable properties of the joint family on October 12, 1859, but continued to remain joint in respect of other properties in accordance with the wishes of their father Balavantrao. Balavantrao died in the year 1860, but prior to that the four sons had decided to share the income from the joint family lands in equal share. In the year 1881 Shripatrao, the eldest son of Moreshwar and the members of the family of the other three branches, entered into certain family arrangement whereby the parties provided for sharing of income of the joint family properties. Another family arrangement was entered into in the year 1897. Shripatrao, the member from the eldest branch, continued to divide the income of the properties, including the lands of Saranjami tenure, in favour of the remaining branches, but in the year 1911 Shripatrao declined to honour his commitments and thereupon Hariharrao and Nilkantrao, the members of the branches of Govindrao and Ganpatrao complained to the Rulers of Miraj and demanded that they are entitled to the share in the joint family properties including the lands of Saranjami tenure in pursuance of the arrangements arrived at between the members of the joint family in the years 1859, 1881 and 1897. The Ruler did not accept the claim, but directed that the member of the senior branch shall pay an amount of Potagi (maintenance) to the other branches. The decision of the Ruler was approved by the Resident and Political Agent. Shripatrao died on July 12, 1915 leaving behind two minor sons Narayan and Govind and his widow Ramabai. Govind died in the year 1916, while Narayan died on June 8, 1919 and till the death of Narayan, the Saranjami lands were under the management of Chief of Miraj as Narayan, who was the eldest male linear descendent of Shripatrao was a minor. On the death of Narayan, Ramabai, the widow of Shripatrao adopted defendant No. 1 in the year 1920 and the Chief of Miraj approved the adoption and granted the Saranjami rights in favour of defendant No. 1. Nilkanthrao, belonging to the junior branch, raised objection to the grant in favour of defendant No. 1 but the Ruler turned down the objection. The appeal carried by Nilkanthrao to resident of Kolhapur also ended in dismissal.