KADAPPA BAPURAO DESAI Vs. LINGAPPA RAMCHANDRA DESAI

JUDGEMENT

(1.) THIS is an appeal from a judgment and decree of the High Court of Judicature at Bombay, dated March 8, 1940, which reversed a judgment and decree of the Joint First Class Subordinate Judge of Belgaum, dated October 28, 1937, dismissing the plaintiff's suit with costs.

(2.) THE property in suit is an impartible estate governed by the rule of lineal primogeniture and is deshgat, patilki and nadgavdki watan property. It consists of land subject to Government assessment and is governed by the Bombay Land Revenue Code, 1879, and the Bombay Hereditary Offices Act, III of 1874, (known as the Watan Act) as amended by Act V of 1886. THE parties are Hindus, subject to the Bombay school of the Mitakshara law.

(3.) ON February 19, 1887, both Rayappa and Mallappa were examined before the Mamlatdar of Athni. Rayappa made a further statement (Exh. 118) confirming his previous request and asking that his statement should be treated as in the nature of their rajinama (conveyance) and arrangements should be made accordingly. Mallappa made a statement (Ex. 115) in which he referred to Rayappa's debts, and stated that he had taken on himself the responsibility regarding the management of all these debts. The statement continued : In accordance with the consent of our elder brother, his name, which is at present in the Pali register, may be removed therefrom and my name may be entered. We alone are entitled to the 16 annas Goudki (right of Patilki service ). Thus is the statement got written. We two brothers are joint.