SHAMAJI NARAYAN Vs. GOVIND RANGACHARYA

JUDGEMENT

(1.) THE subject-matter of this litigation is agricultural land being six survey numbers, one in village Agarkhed in the Bijapur District, one in village Nandgaon in the Belgaum District, three in village Satti also in the Belgaum District, and one in village) Kupwad in the Dharwar District, Although in the view we take this litigation falls to be decided upon a comparatively narrow point, a description of the complicated facts and history; is necessary. We are indebted to Mr. Coyajee, who has argued the appeal for the appellant-plaintiff, for the very clear manner in which the facts and history have been placed before us.

(2.) IT is not now disputed that the six suit lands, which we understand are jat inam lands, certain other lands in British India, lands in Mudhol and Jamkhandi States, and inam villages in Mysore State were the ancestral property of one Vasudevacharya, who died some time before 1853 a.d. The family tree of the descendants of Vasudevacharya is as follows.

(3.) ON April 7, 1915, Hayagriva executed a sale-deed in favour of Naro Kulkarni purporting to convey all the six lands now in suit for a consideration of Rs. 1,500, of which Rs. 1,000 was stated to be paid. The deed (exhibit 111) recites that the lands were in the possession of Giribai "for the purpose of potgi (maintenance) etc." and Hayagriva undertook to make separate arrangements for her potgi, and to obtain and deliver possession to Naro Kulkarni, when the balance of Rs. 500 was to be paid. The document proceeds : In case I do not do as said above, you are to take possession of the said lands after the death of the said Giribai...In case the said lands come to your possession after the death of Giribai, the 500 rupees are not to be paid.