GANPATRAO BHAVANRAO Vs. GANESH VISHNU HASABNIS

JUDGEMENT

(1.) The question in this case is whether the plaintiff-appellant Ganpatrao is entitled to obtain possession of Survey No. 140, which is admittedly watan land, from the defendants-respondents. That survey number was mortgaged by his grandfather Vithalrav to the predecessor-in-title of the respondents.

(2.) In the redemption suit of 1883, the civil Court ordered Vithalrav to redeem within a certain period. Vithalrav failed to do so, and he forfeited his right to redeem. He then applied to the Deputy Collector for restoration of the lands and succeeded. In appeal by the mortgagee-decree holder the order was set aside by the Collector and the mortgagee reinstated. On the death of Vithalrav, the appellant's father Bhavanrao passed a permanent lease in favour of the respondents for three survey numbers. The respondents father obtained possession of one survey number only No. 140. The appellant accordingly sues for possession of No. 140 and a declaration in respect of the other two survey Nos. 220 and 225.

(3.) The two main issues when the parties went to trial were : firstly, whether the lease was operative after the life of Bhavanrao; and, secondly, whether the suit was barred by limitation. The appellants succeeded on both the issues in the trial Court and the respondents in first appeal.