SECRETARY OF STATE FOR INDIA Vs. GIRJABAI

JUDGEMENT

(1.) This is an appeal against a decree of the High Court of Bombay, dated August 15, 1924, which varied the decree of the District Court of Nasik, dated February 28, 1920, and made in Civil Suit No. 5 of 1914.

(2.) The suit arose under the following circumstances :-

(3.) Manmad village, now grown to an important railway junction, was held by the Vinchurkar-one of the lesser Mahratta chiefstogether with many other villages in "Saranjam" grant from the Peishwa, the then ruler of the country. The last holder of the entire saranjam was the late Sardar Raghunathrao Vinehurkar, commonly known as Annasaheb, who held it from 1836 till 1889, when he died. On his deathbed he adopted as a son the plaintiff Shivdeorao, but the Government refused to recognise the adoption, and in 1892 re-granted half of the saranjam to the late Sardar's brothers and their sons and resumed the other half, which included Manmad village. The adopted son, though thus excluded from any share in the saranjam, would still be entitled to the private as opposed to the saranjam property of his adoptive father. Between 1892 and 1913 there were disputes between Government and Shivdevrao Vinchurkar as to certain lands in Manmad (the subject matter of the present suit) which he claimed as his adoptive father's mirasi or private property by virtue of a sale deed of 1755. These are five plots in the village site (described as A to E in the plaint) and six plots of agricultural lands within the village limits but not forming part of the village site, and described as Plots F to K in the plaint.