MT. ANJANI Vs. VITHU

JUDGEMENT

(1.) GULAM Mohiuddin, A.J.C. 1. This is a suit filed on behalf of the minors Mt. Anjani and Mt. Saru, by their next friend, Raghoji who is the father-in-law of Mt. Anjani and Chandrabhan who is brother of Mt. Saru's husband Ragho for possession of Survey No. 62/2 which is in the possession of their grand-mother Mt. Benuka.

(2.) THE defendants did not claim any ownership in the field and alleged that they were in possession of the field on behalf of the minors. The trial Court passed a decree in favour of the plaintiffs for 2/3rds share in the field in dispute and the lower appellate Court, following the decision of this Court in Mt. Bhagi v. Kashiram A.I.R. 1925 Nag. 328, decided by Prideaux, A.J.C., allowed the appeal apd dismissed the suit.

(3.) IT is brought to my notice by the respondents and the fact is admitted by the appellants that in Miscellaneous Judicial Case No. 8 of 1925, Mt. Renuka was appointed guardian of the property of the minors on 21st August 1925, by the District Judge, Amraoti. As the matter has already been decided in favour of the respondents by the Court which was competent to do so, no suit under the ordinary law can lie.