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SHRIMANT SARDAR BHUJANGARAODAULATRAO GHORPADE v. SHRIMANT MALOJIRAO DAULATRAOGHORPADE AND OTHERS.

Supreme Court of India | Diary 56/1950

Status

Judgment

Decided On

1952-01-30

Bench

BOSE, VIVIAN

Petitioner

SHRIMANT SARDAR BHUJANGARAODAULATRAO GHORPADE

Respondent

SHRIMANT MALOJIRAO DAULATRAOGHORPADE AND OTHERS.

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Full Judgment Text

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PETITIONER: SHRIMANT SARDAR BHUJANGARAODAULATRAO GHORPADE

Vs.

RESPONDENT: SHRIMANT MALOJIRAO DAULATRAOGHORPADE AND OTHERS.

DATE OF JUDGMENT: 30/01/1952

BENCH: BOSE, VIVIAN BENCH: BOSE, VIVIAN SASTRI, M. PATANJALI (CJ) DAS, SUDHI RANJAN

CITATION: 1952 AIR 138 1952 SCR 402 CITATOR INFO : E&D 1964 SC 436 (13)

ACT: Bombay Revenue Jurisdiction Act (X of 1876), s. 4 (a)--Saranjam--Dispute between branches of grantee’s family--Government Resolution regulating succession--Suit to declare Resolution ultra vires, for declaration of sole right as saranjamdar, and for injunction against other branches--Government impleaded as party--Maintainability of suit.

HEADNOTE: The position of the Gajendragad estate which had been recognised by the British Government as a saranjam and which had been declared by the Bombay High Court in 1868 to be partible, was re-examined in 1891 and Government passed a Resolution in 1891 that "the whole of the Gajendragad estate was a saranjam continuable as hereditary in the fullest sense of the word. It is continuable to all male legitimate descendants of the holder at the time of the British con- quest." In 1932 by another Resolution Government formally resumed the grant and re-granted it to the plaintiff who belonged to the first branch of the family of the original grantee with a direction that it sho...

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