MADHUSUDAN SHIVRAM KANVINDE Vs. BHAU ATMARAM LAD

JUDGEMENT

(1.) A suit was filed in the year 1888 against two of four,, cousins entitled to certain joint family property in Malvan to recover Government assessment which had been paid under compulsion of law in respect of that property by an owner of another property.

(2.) The two defendants in that suit were sued as managers of the family. They were originally sued in their individual capacity alone, but the plaint was subsequently amended by adding that they were sued as managers. A decree was obtained for the amount of assessment which had been paid by the plaintiff on their behalf and in execution of the decree the property was sold in 1895. The purchaser went into possession in the month of November of that year, and as certain exhibits referred to by the Subordinate Judge in this case show, he obtained decrees for rent against tenants in occupation of portions of the family property so long ago as 1900.

(3.) This suit was filed in 1904 by the purchaser to obtain partition of property which was held in common with 66 or 67 other co-sharers and then the defendants took the opportunity of objecting that they were not bound by the Court-sale in 1895.