GANU SANTU MHAKAVEKAR Vs. SHANKAR TUKARAM CHOUGULE

JUDGEMENT

(1.) THIS is a second appeal by the original defendant No. 6 in the suit. In order to appreciate the contentions of defendant No. 6 it will be necessary to set out briefly the history of previous litigation pertaining to survey No. 32 in Mharul, taluka Kavir in District Kolhapur.

(2.) SOME time after the year 1900 there was litigation between one Rajopadhye and one Deshpande with regard to this land. Deshpande was helped in this litigation by two persons Govinda Chougule and Santu Mhakavekar. By an agreement made some time in 1909, Deshpande in lieu of the services of Chougule and Mhakavekar agreed to give them southern half share in survey No. 32. The entire survey No. 32 measured 4 acres 14 Qunthas. The half share agreed to be given to Chougule and Mhakavekar measured 2 acres 15 Gunthas and was sub -divided and marked survey No. 32/2. It appears that possession of survey No. 32/2 was also given to these two persons.

(3.) THE system of maintaining record of rights appears to have been introduced in Kolhapur in 1937 and the name of Deshpande appears to have been entered in the record of rights with regard to this property as Kabjedar. This entry continued up to 1947 when Tukaram son of Rau descendent of Govinda Chougule gave a Vardi on August 9, 1947, and in accordance with the Vardi, a five annas one pie's share was entered in the name of Tukaram Chougule and a four annas share was entered in the name of Mhakavekar.