ANNAJI NARAYAN DESHPANDE Vs. VENKATRAO SIDRAO DESHPANDE

JUDGEMENT

(1.) The question involved in this case is whether a non-watandar auction-purchaser of the right, title and interest of a Watandar can convey an absolute title to his alienee who is a Watandar of the same watan.

(2.) In January 1900 the right, title and interest of the plaintiff's father a Watandar was purchased by one Shivangi, who was a non-watandar, before the birth of the plaintiff in 1902. Shortly afterwards Shivangi sold the property to the father of defendants Nos. 1 and 2 who was a Watandar of the same watan. In 1921 the plaintiff's father died, and in 1923 plaintiff brought this suit on the ground that the alienation was not valid after the death of the plaintiff's father.

(3.) The learned Subordinate Judge held that the alienation was good and binding against the plaintiff. The lower appellate Court came to the contrary conclusion on the ground that the non-watandar auction-purchaser could not convey a larger right to his alienee even though he was a Watandar of the same watan.