MARTAND RAO Vs. MALHAR RAO

JUDGEMENT

(1.) This is an appeal against a judgment and decree, dated February 23, 1923, of the Court of the Judicial Commissioner, Central Provinces, reversing a judgment and decree, dated March 1, 1920, of the Court of the District Judge, Bhandara.

(2.) The suit in which the said decrees were made was brought by the plaintiff, Malhar Rao, against his younger brother, Martand Rao, claiming that, on the death of their father, Madho Rao, he alone was entitled to succeed to the Amgaon Estate, situate in the Bhandara District of the Central Provinces, to the exclusion of his younger brother, on the allegation that by the terms of the grant under which the estate was held, and by a family custom and also by a territorial custom, the said estate was impartible and succession thereto was governed by the rule of lineal primogeniture, and that the younger brother was entitled to suitable maintenance only and not to any specific share in the estate.

(3.) The pedigree of the family from its founder, Kolhu Kunbi, including the Amgaon branch (under Pandoo) and the other branches, is given below.