ANANT GANPATI MITHARE Vs. VISHNU RAMBHAU DHAVLE

JUDGEMENT

(1.) The facts are :- The original owner of the suit lands was one Amin Kasam, who died in May 1910. On the finding of fact in this case, he died leaving behind him a widow by name Amitrbi, a sister by name Shahbibi, and a distant kindred by name Hasan under whom Karimbi, defendant No. 1, claims. The deceased had another sister by name Alubi, but it is found that she had died some time before.

(2.) In February 1911 Amirbi executed a gift-deed of the suit lands in favour of one Sultan, brother of defendant No. 5 in this suit. Sultan, the donee, went into possession of the property soon after the date of the gift-On Sultan's death, Karimbi (defendant No. 1) brought a suit in October 1921 against Sultan's widow and brother (defendant No. 5) and against the tenant of the suit lands. The tenant is defendant No. 4 in this suit. It was suit No. 996 of 1921, and Karimbi got a decree in her favour on October 29, 1923, and went into possession of the suit lands in February 1924. She sold them to the present defendants Nos. 2 and 3 on September 2, 1925. Plaintiff is a purchaser from some of the heirs of the two sisters of the original owner.

(3.) Plaintiff brought this suit on October 26, 1926, to recover possession after partition, alleging that he was entitled to two-thirds share in the suit lands. Defendants Nos. 1 to 3 and defendant No. 5 contested the claim on merits. It was also contended that neither the plaintiff's vendors nor their predecessor, Shahbibi, the sister of the deceased Sheikh Amin, had ever been in possession and that, as a consequence, the claim was barred by time.