KALGONDA BABGONDA PATIL Vs. BALGONDA KALGONDA PATIL

JUDGEMENT

(1.) AN important question regarding the effect of Section 4 of the Bombay Inferior Village Watans Abolition Act, 1958 (which will be hereinafter referred to as 'the Watans Abolition Act') arises in the above three First Appeals directed against the judgment and decree dated July 20, 1965 passed by the learned Joint Civil Judge Senior Division, Kolhapur, in Special Civil Suit No. 23 of 1963.

(2.) THE suit was instituted by Kalgonda Babgonda Patil on June 12, 1963, alleging the following genealogical tree of the family of the plaintiff and the defendants: ___________________________________________________________________________________ Aadgonda (deceased) ___________________________________________________________________________________ Dharmagonda (deceased) Annappa alias Anna (deceased) Kagoda Raygonda Maygonda Babaji alias Tatya (deceased) (deceased) (deceased) Babgonda (deceased) (extinguished) (deceased) Kalgonda (plaintiff) Pirgunda Bhimgonda (deceased) (deceased) Raygonda (deft. No. 2) Balgonda (deft. No. 1) Jingonda (deceased) Anasaheb Aadgonda Bapusaheb Shamgonda Kamgonda Tatyasaheb (deft. (deft. (deft. (deft. alias alias No. 6) No. 7) No. 8) No. 3) Dharmagonda Kalgonda (deft. (deft. No. 4) No. 5) ___________________________________________________________________________________

(3.) THE suit lands described in para. 1 at serial Nos. 1 to 5,'situate at Kasbe Rukdi, Taluka Hatkanangale of Kolhapur District, measuring in all 14 awes and 36 gunthas and assessed at Rs. 74.36 belonged to the family. The lands were Sanadi Inam lands. Originally the Inam lands measured only 15 acres and 12 gunthas (sic) and did not include the lands, R.S. No. 397, Hissa No. 1 and R.S. No. 397, Hissa No. 2 which together measured 5 acres and 11 gunthas. The Inam lands were not burdened with service. The plaintiff, therefore, claimed half share therein.