DINKARRAO GANPATRAO KOTHARE Vs. NARAYAN VMANDLIK

JUDGEMENT

(1.) This is an appeal from the decision of Pratt J. in an Originating Summons.

(2.) The facts are that, on the 18 September 1878, one Vishvanath Narayan Mandlik conveyed to one Ganpatrao Bhaskar Kothare a plot of vacant land measuring 2843 square yards at Altamont Road for the consideration of Rs. 5,664. This plot formed part of a larger piece of land belonging to the vendor. The sale- deed was in Marathi and contained certain covenants purporting to reserve for the vendor, his heirs, Vahivatdars and donees certain rights of pre-emption, which covenants have given rise to the present dispute.

(3.) Vishvanath died in 1889 leaving the first defendant his adopted son as his sole heir and legal representative. Ganpatrao built a large bungalow on the land he had bought. The following pedigree will be useful as showing the descendants of Ganpatrao:-