AMRIT VAMAN INAMDAR Vs. HARI GOVIND KULKARNI

JUDGEMENT

(1.) The plaintiff in this case sued to recover possession of a part of Survey No. 45 in the village of Rajgoli Khurd with Rs. 100 as profits for one year from defendant No. 1 and his tenants. He alleged that the property was Watan property, and that the alienation thereof effected by his father in favour of defendant No. 1 was not valid beyond his life-time under Section 5 (1) (1918) L. R. 45 I. A. 209, 218. (2) (1867) 4 B. H.O.R. (A.O.J.) 1, of the Bombay Hereditary Offices Act, that his father died in January 1912, and that he was entitled to the possession of the land.

(2.) The defendant No. 1 resisted the claim on the ground that under the decree on an award in Suit No. 253 of 1910 obtained by him against the plaintiff s father, he was entitled to retain possession of the land in suit until the Shake year 1852 (1930 A. D.), that it was not Watan property and that the plaintiff s father had authority to effect the alienation in his favour.

(3.) The trial Court found that the property was Watan property and that the plaintiff s father had no power to alienate it beyond the term of his natural life. It passed a decree in favour of the plaintiff for possession and mesne profits.