KASA KRISHNA GHORPADE Vs. VINAYAK GANGADHAR

JUDGEMENT

(1.) THESE two appeals arise out of two suits filed in each instance by one Krishna Ganu to recover from different defendants possession of certain property. The defendants are purchasers from one Bhau Govinda.

(2.) THE property involved in each suit originally belonged to one Nana Bala who died on January 20, 1929, without leaving any issue. It appears that Government took possession of Nana's property in the belief that Nana had no heir to succeed to his estate. THEreafter by miscellaneous application (No.16 of 1933) Bhau Govinda obtained on July 15, 1933, a succession certificate to the property of Nana and on the strength of the certificate he obtained possession of Nana's property. On August 30, 1933, Bhau Govinda sold to Vinayak Gangadhar Phadnis (defendant in suit No.163 of 1940) the property involved in the suit, viz. Survey Nos. 16-1, 17-1, 18-2 and 19-1 + 2 for Rs. 2,500. On the same day Bhau Govinda sold to Raghunath Narayan Jadhav (defendant in suit No.168 of 1940) the property involved in that suit which is Survey Nos. 14-2, 432-5 and 459-2 for the consideration of Rs. 500.

(3.) THE defendant in each case raised the contentions that the plaintiff was not the heir of Nana Bala and that as each of the defendants was not a party to the previous suit, the finding recorded in the previous suit was not binding upon them.