VINAYAK GANESH HASABNIS Vs. NARAYAN SHANKAR HASABNIS

JUDGEMENT

(1.) The decree appealed against awards plaintiffs Nos. 1 to 4 possession of a half share of certain property by a partition to be carried out by metes and bounds and future mesne profits from date of suit to date of possession being obtained of all the property awarded except the Poona house and site for that property from defendants Nos. 5, 6 and 8. A similar share in certain cash allowances sued for was refused to plaintiffs on the ground that they had not obtained the Collector's permission to sue, a prerequisite of the Court's jurisdiction under the Pensions Act.

(2.) Plaintiffs appeal against that portion of the decree refusing them a share in the cash allowances for lack of the necessary certificate and also against the Court's refusal to give them a decree for past mesne profits.

(3.) The cash allowances are payable to the Hasabnis family by the Collector of Salt Revenue and the Collectors of Thana and Ratnagiri. The claim of a share in the one payable in Ratnagiri has been given up. It is also conceded at the hearing in spite of contentions to the contrary in the memo, of appeal that a certificate under the Pensions Act is necessary before the Court can deal with any dispute concerning the cash allowances : and the point in appeal is whether the necessary certificates having been obtained and tendered in an accompanying civil application they should now be admitted and cognizance of this claim so far refused should now be taken.