Decided on March 24,1900

Padapa Bin Bhujangapa Appellant
Swamirao Sheiniwas Respondents


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 respondents.
(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.;

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