TRIMBACK RAMKRISHNA RANADE Vs. HARI LAXMAN RANADE

JUDGEMENT

(1.) The darkhast, in respect of which this appeal is preferred, was presented for the execution of a decree for partition dated the 4 of July 1893. By that decree the appellant was awarded annually a 1/13 share of the income of the property belonging to him and his co-parceners, and it was also declared that they should pay in equal shares the debts due from them as members of a joint Hindu family to outsiders.

(2.) By the present darkhast the appellant asked in execution of the decree, for his share of the income due for thirteen years immediately preceding the darkhast. He also asked the Court to determine his share of the debts and to deduct it from his share of the income awardable under the darkhast.

(3.) The application for execution was opposed by the respondents on the ground that the appellant had in November 1899, by a deed, relinquished his annual share of the income, awarded to him by the decree, in consideration of receiving from the respondent Vishnu Rs. 125 a year as maintenance.