Mumbai Court July 1946 Judgments

Lilavati Ganpatrao Kakatikar Vs. Takappa Bhimappa

Court: Mumbai

Reported in: (1948)50BOMLR127

Dixit, J.1. This second appeal raises an interesting question of Hindu law, and the facts giving rise to the suit out of which the appeal arises are these.2. Bhimappa and Ramchandrappa, two brothers, were members of a joint Hindu family. The family owned considerable property. When Bhimappa died, his son Takappa (plaintiff) was but a child. Ramchandrappa died in 1932 leaving Yellappa (defendant No. 1). In 1921, there was a partition between Ramchandrappa and the minor plaintiff with his mother as guardian when the suit property was kept joint. In the partition the eastern half of the property was specified as of the plaintiff's share. Prior to this, on July 18, 1919, during the minority of the plaintiff, Ramchandrappa executed in fervor of one Jinasena Bhattaraka of Kolhapur a deed of gift of the property mentioned in paragraph 1(6) of the plaint. On October 21, 1940, defendant No. 1's natural father sold the property to Lilawati-bai (defendant No. 2).3. On December 9, 1940, plaintiff ...