BABAJI DASO DESHPANDE Vs. JIVAJI YESHVANT DESHPANDE

JUDGEMENT

(1.) This is an unusual case, being a suit for partition filed by an original member by birth, of the family whose property is sought to be divided, admittedly however given in adoption to another branch of the family, and so becoming a stranger to his family of birth. [After setting out the pedigree as above, his Lordship proceeded :]

(2.) The family property has been classified into lots A. B. C. D. E.

(3.) About lot A there is no further dispute. It was not family property, but the stridhan of Dhondu's wife who, it has been held, gave it half and half to her son Daso, and her son given away in adoption Jivajee, and the finding that the will had been proved was accepted in this Court. Properties B and C have the same character, being ancestral, and have only been made into two lots because they comprise land in two villages, Khangaon and Kalloli. Property D includes four survey numbers in a third village, Durdundi, and property E comprises certain rights arising out of alienated land at a fourth village, called Mallapur.