NARAYAN BALWANT RANGNE Vs. DATTATRAYA RAMCHANDRA VISHNUPRASAD

JUDGEMENT

(1.) The plaintiffs sued for a declaration that they were the managers and owners of the plaint property and had the right of collecting the income of it and for an injunction directing defendant No. 1 not to collect the income of the property from the tenants, defendants Nos. 2 to 27, and to recover mesne profits as the income already collected by defendant No. 1 with future mesne profits and costs. Subsequently by Exhibit 84 at the end of the case they applied to amend their plaint by adding a prayer for possession. That application was granted although no formal amendment was made in the plaint.

(2.) The facts of the case are that certain lauds-or the income of certain lands it is not clear which-were granted to a shrine at Mahuli of Jivanram Swamy, the family of the plaintiffs being the vahivatdars. The Sanad was given to one Govindbhat bin Rambhat who had two sons Ramchandrabhat and Haribhat. Ramchandrabhat was the father of the present plaintiffs. Haribhat sold the suit property to defendant No. 1 on June 7, 1914. Subsequently in 1919 Haribhat died. The plaintiffs sued to have the alienation set aside, on the ground that the property being devasthan property is inalienable and that Haribhat had no right to dispose of it.

(3.) The first Court awarded the plaintiffs claim, and on appeal his decree was confirmed by the Assistant Judge of Satara. The defendant makes this second appeal,