Mumbai Court January 1947 Judgments

Vasudeo Ganesh Kulkarni Vs. Vishwanath Shripad Kulkarni

Court: Mumbai

Reported in: AIR1948Bom313

Macklin, J.1. The plaintiff's suit for partition has been dismissed, and he comes to this Court in appeal. The Maln ground of the dismissal was that the plaintiff had failed to produce any evidence to explain how it was that in 1924 he relinquished his rights to the property in suit; and a further ground was that, even on the assumption that some of the property claimed in the suit was the self-acquired property of his father, nevertheless the plaintiff would not be entitled to any share in that property, since the circumstances of the relinquishment amounted to a separation of the plaintiff from the rest of the family, and on the authorities a separated son does not stand on the same footing as sons who are joint with their father with reference to their father's self-acquired property. Both these reasons for the decision are contested in this appeal. 2. It is beyond dispute that in the year 1924 the plaintiff executed in favour of one of his elder brothers (Vinayak) a deed of settlem...