ZINGU DEORAO UMALE Vs. MAHADEO PARASHRAMJI

JUDGEMENT

(1.) THIS is a second appeal against the judgment and decree of Mr. M.B. Paranjpe, Additional District Judge, Amraoti, in Civil Appeal No. 3-A of 1943, decided on 16-4-1943.

(2.) THE plaintiffs Kheoraj and his two brothers are the appellants in this appeal and their suit has been ordered to be dismissed by the trial-Judge which decision has been upheld by the appellate Judge.

(3.) TO understand further facts it is necessary to give the genealogical tree of the family of Sakharam. According to the plaintiffs it is as follows: JANAJI | _______________________________ | | Krishnaji Gundaji | | _________________ Dcorao | | | Rajmal (d.1893) Sakharam ______________________ : 1 .Mt, Sayatri (d.l901) : | | (d.1929) Mt. Bahena Jhingoo Pandoa : 2. Mt. Rayaja (d. 1925) (plfi. 1) (plff. 2) (1896) | Kaushalya (1926) | ________________________________________ | | | | Vinayak Mahadeo Shanti Mani. Sakharam had a daughter by name Kaushalya. On 2-8-1933, Kheoraj (respondent 1) and another (Madanlal) had taken a gift of the field from the children of Kaushalya and had brought a Suit No. 139-A of 1937, decided on 10-3-1938, but the suit was dismissed. That suit was against Mahadeo (respondent 1 here).