PANDURANG BHIWAJI Vs. GANGARAM GANU

JUDGEMENT

(1.) This was a reference for the apportionment of the sum of Rs. 7,142-14-6 awarded as compensation by the Special Collector in respect of a house acquired by the Bombay Improvement Trust.

(2.) The facts so far as they are material for this judgment are that one Ganu had three sons, Bhiva, Gangaram and Narayan. Gangaram was the step-brother to Bhiva and Narayan. The house in question was bought in 1869 for Rs. 700, the conveyance (Exhibit 1) being in the name of Bhiva who was then about 19 years old and was working as a printer for about 30 rupees a month. Gangaram was about two years the junior to Bhiva and two years senior to Narayan; and Narayan at the time of the purchase was about fifteen years of age working in a liquorshop.

(3.) The Tribunal of Appeal held that the purchase money must have come from the father Ganu, and (after making some necessary deductions immaterial for this case) that the balance available for apportionment amongst these three persons was Rs. 5017-10-6, and they apportioned that sum between Gangaram and the descendants of Bhiva and Narayan in three equal parts respectively.