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PETITIONER: SHRIMANT DATTAJI RAOBAHIROJIRAO GHORPADE
Vs.
RESPONDENT: SHRIMANT VIJAYASINHRAO AND ANOTHER.
DATE OF JUDGMENT: 29/04/1960
BENCH: DAS, S.K. BENCH: DAS, S.K. SARKAR, A.K. HIDAYATULLAH, M.
CITATION: 1960 AIR 1272
ACT: Saranjam Estate-Maintenance grant to junior member-Power of Government to resume and re-grant-Custom of lineal primogeniture, extent and effect of-Suit challenging Government order of resumption and re-grant-If barred- Saranjam Rules-Bombay Revenue jurisdiction Act, 1876 (Bom. X of 1876), s. 4.
HEADNOTE: Upon the death of the holder in 1932, the Government of Bombay by order dated June 7, 1932, resumed the Saranjam estate of Gajendragad and re-granted the same to his eldest son. By the same order the assignment of some lands out of the estate in favour of B, a younger member of the family, by way of maintenance was also continued. On May 14, 1940, B died leaving his widow, A, and his undivided brother, D. A asked the Government for permission to adopt a son but without the permission being granted adopted V on July 10, 1941. By an order dated December 17, 1941, the Government continued the maintenance grant (Saranjam potgi) to D. Thereupon V filed a suit against the Government and D for recovery of the lands on the grounds (i) that the order of the Government dated December 17, 1941, was ultra vires, null and v...