PADAPA BIN BHUJANGAPA Vs. SWAMIRAO SHEINIWAS
Padapa Bin Bhujangapa
Click here to view full judgement.
DAVEY, J. -
(1.) THIS is an appeal from a decree of the High Court of Bombay, dated November 18, 1892, which reversed the decree of the Subordinate Judge of
Sholapur, dated July 27,1889. The sole question is whether the appellant
is entitled to possession of two villages free from any incumbrance by
the respondents, or whether they have a mortgage on the property which is
valid and effectual against him. The High Court decided in favour of the
(2.) THE facts of the case are complicated, but, so far as material for the present purpose, are as follows:
The villages in question form part of certain watan lands formerly belonging to Bhujangapa, the watandar. He died on September 27,1847,
leaving two widows, Kalova and Ramova. The senior widow, Kalova, was
childless. The appellant is the son of Ramova, born on September 15,
1848. The legitimacy of the appellant's birth was at one time disputed, and is denied by the respondents in their statement of defence in this
suit. Both Courts below agree in holding that the appellant has in
previous litigation and in this suit established his status as legitimate
son and heir of Bhujangapa.
(3.) BEFORE the appellant's birth, the revenue authorities placed the watan under sequestration, and it so remained until an order was made by Mr.
Gordon, President of the Special Commission, on the petition of Kalova,
recognising her title to the watan. This order bears date August 10,1863,
but she does toot appear to have been put in actual possession until some
time in 1865. No sanad from the Government to Kalova is produced, but
possession was given on the terms of what is called the Gordon
Settlement, which were ratified by the Bombay Act III. of 1874. By this
settlement the services were commuted for one-fourth of the income, but
the tenure continued to be watan.;
Copyright © Regent Computronics Pvt.Ltd.