PARWAT AND 3 ORS Vs. KESHAO TRIMBAK JAHAGIRDAR

JUDGEMENT

(1.) This appeal has been field by the original defendants against the judgment of a Single Judge of this Court dated 14th and 15th December, 1966, whereby the learned Judge dismissed the Second Appeal No. 23 of 1961 and affirmed the decree for possession passed in favour of the original plaintiffs, the respondents herein, in First Appeal No.1 37 of 1960 by the Assistant Judge, Khamgaon.

(2.) The respondents (plaintiffs) filed this suit praying for a decree for possession of the fields which, admittedly, were in the possession of the defendants. The material plea raised was than that suit field being survey Nos. 28, 29 and 30 of mouza Pingi-Jahagir, a village in Jalgaon taluq, were held from the former Government by the forefathers of the plaintiffs as a subsistence grant for the maintenance of the family of Jahagirdar in perpetituty governed by Class 1 of Rule III of the Bearer Inam Rules. These were owned and possessed by one Trimbak s/o Renukadas Jahagirdar in proprietary rights. The said proprietor died on May 30, 1944, leaving a son Janardan. Janardan also died on September 1, 1947 and he was succeeded by the mother Umabai, the plaintiff No. 2. plaintiff No.1 was adopted by Umabai and, therefore, he claimed this grant and thus both sued for possession.

(3.) It is the case of the plaintiffs themselves that said Umabai had sold all these three fields to defendant No.1 Parwat under a registered deed fo sale of possession, as such. After this sale and parting of possession, according to the plaint allegation, plaintiff No.1 was taken in adoption.