RAMCHANDRA MADHAVRAO GADRE Vs. TRIMBAK SHRIDHAR JAHAGIRDAR

JUDGEMENT

(1.) The question that arises in tins second appeal relates to the construction of Exhibit 74 in the case which is described as a Sanad. The plaintiffs, who claim under this document, sued for an order directing the defendants to pay into the treasury every year the amount of assessment plus the local fund tax in respect of the three lands mentioned in the plaint or to deduct that amount at the time of receiving the jagiriamal from the treasury. The plaintiffs also claimed Rs. 456-1-0 with interest, being the amount rightly recovered by the village authorities as assessment in respect of the lands in suit, but wrongly retained by the defendants in respect of the years 1910-11-12. The defendants to the suit included defendant No. 14 who was one of the executants of this deed, Exhibit 74. The other defendants are either representatives of the other executants of the document, or purchasers of their shares in the Inam. The defendants are the owners of the eight anna share of the Inami rights in the village of Sindi.

(2.) The trial Court disallowed the general prayers of the plaintiffs, but decreed their claim for Rs. 458-1-0 and costs to be recovered from defendant No. 14 personally, and from the estates of the other deceased executants of Exhibit 74

(3.) The plaintiffs appealed to the District Court, and the only question raised in the appeal was whether a decree personally against all the defendants should have been passed or not, This point was decided against the plaintiffs appellants on the construction of Exhibit 74, and the decree of the trial Court was confirmed.