LAWS(MPH)-1961-2-14

DAMODAR BHATT SOMNATH PARVANIKAR Vs. GANPATI CHINTAMANI

Decided On February 17, 1961
Damodar Bhatt Somnath Parvanikar Appellant
V/S
Ganpati Chintamani Respondents

JUDGEMENT

(1.) This is an application for review of our judgment in Civil First Appeal No. 2 of 1956. The sole question in that appeal was whether Damodar had been adopted by Bhika Bhutt so that Ganpati was the nearest heir of Govind Bhutt in respect of whose estate the present litigation arose. In one of the grounds on which we decided the question in the affirmative, we made a mention of a 'Kursinama' (genealogical table) Exh. P -2. It is contended by Shri Sahasrabudhe that Exh. P -2 was not a part of Exh. P -4 inasmuch as they are discrepant. In the genealogy reproduced in the judgment Exh. P -4 the ambiguity has been pointed out to us. The words 'God Gaya' are written below the name of Vasudeo and by the side of the name of Damodar. The question is whether these words were used in respect of Vasudeo or Damodar. In Exh. P -2 there is no such ambiguity; it is quite clear from that genealogy that Vasudeo did not go in adoption, but it was Damodar who went in adoption. At any rate, we relied on Exh. P -2, which is an ancient document of the year 1004. Furthermore, this was not the only ground for reaching our conclusion. The first contention of the petitioner must, therefore, be rejected.

(2.) CERTAIN letters where Damodar's father's name is written as Som Nath;

(3.) AN application to the Muntazim Jagirdaran by Govind Shahstri dated 6th February 1939;