MT. JIJIBAI Vs. ZABU

JUDGEMENT

(1.) NIYOGI , A.J.C. 1. This appeal arises out of a suit filed by respondents 1 and 2, Zabu and Uttam, against defendant-appellants 1 and 2, Mt. Jiji Bai and Mt. Kashi Bai, and others, for a declaration of their ownership of half share in the property in dispute and for recovery of the joint possession. The suit was decreed in the Court of first instance and the decree was affirmed in the lower appellate Court.

(2.) THE property in suit belonged originally to one Venkatrao, who died on 30th January 1906, leaving surviving him two daughters who are appellants here, and a Dasiputra by name Ramu, who was the father of respondents 1 and 2, the plaintiffs. On Venkatrao's death Ramu became entitled to a moiety of the property as a Dasiputra., and the appellants who are his daughters, to the residue. The plaintiffs became entitled to the property on the death of Ramu on 7th January 1918. The suit was resisted on the grounds that Ramu was not the dasiputra of Venkatrao, and that even if he was, he was not entitled to inheritance as Venkatrao belonged to the regenerate class of the Kshatriyas and that the suit was barred by time by reason of adverse possession of the entire property left by Venkatrao by his nephews from 1906 to 1918 when the defendants sued (Civil Suit No. 295 of 1918) them for possession and obtained a decree in execution of which they obtained actual possession of the property in 1924. The trial Court found that Ramu was Venkatrao's dasiputra and that finding was not contested in the lower appellate Court. The appellants here acquiesce in this finding. Both the Courts below agreed in holding that Venkatrao did not belong to the regenerate class of Kshatriyas, but was a Sudra and that Ramu, plaintiff's father, was entitled to a moiety of his property, and also in negativing the defendant's plea that the suit was barred by limitation.

(3.) THE learned Judge further observed: The word 'Deshmukh' was originally a name given to the head of the patils in a pargana under the Maratha rule. In the same way a Deshpande was the head of the patwaris. I have known Brahmin, Kunbi, Maratha and Mahomedan Dishmukhs. It is notorious that Kunbis and Marathas are Sudras.