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Dundoobai Anandrao Deshmukh vs Vithalrao Anandrao Deshmukh on 8 August, 1935 cites

H.H. Sir Sayaji Rao, Gaekwar Of Baroda vs Madhavrao Raghunathrao Dhavale on 16 July, 1928

I think, however, it is clear that the decision in Sir Sayaji Rao v. Madhavrao is based to some extent on the special rules applicable to saranjams and not to other inams, and Sir Charles Fawcett in his judgment in that case at pages 1471 and 1472 recognised that there may be a distinction between the two kinds of grants. The law which has been consistently laid down as to ordinary watans is that the effect of resumption is no more than this; Government levies the full assessment, and the right to hold free of assessment or at a reduced assessment is lost.
Bombay High Court Cites 21 - Cited by 7 - Full Document

The Secretary Of State For India vs Girjabai Shivdeorao Vinchurkar on 15 August, 1924

That seems to be immaterial seeing that the other cases were subsequent to it. In The Secretary of State for India v. Girjabai (1927) L.R. 54 I.A. 359 : S.C. 29 Bom. L.R. 1503 their Lordships have not referred to a single case dealing with an ordinary inam, and I find nothing in the observations in that case to justify the conclusion that the law laid down in the cases which I have cited is not still good law so far as ordinary inams or watans are concerned. These cases, therefore, cannot be taken to be overruled. It is true of course that Government was not a party to those cases: nor is it a party in the present case. But we have evidence of the attitude taken by Government. I have already referred to the evidence of the Collector's clerk, which I think may be accepted as showing that Government has not claimed in this case that the resumption has any other effect than to make the land liable for the full assessment. The witness being a clerk under the Court of Wards and in : the management of Bhimabai's estate must be acquainted with the facts. Now it cannot be disputed that it is competent to Government to rest content with the levy of full assessment, whatever else might have been done. So that even if the principles laid down in the two saranjam cases relied upon by Mr. Jayakar did apply, they would not, in my opinion, affect the decision in the present case. As against these defendants, whose rights such as they may be are derived not from Bhimabai but from Anandrao or his widows, the plaintiff is entitled to succeed. The decision in this suit is of course not binding on Bhimabai or on Government.
Bombay High Court Cites 18 - Cited by 8 - Full Document

Ekradeshwar Singh vs Musammat Janeshwari Bahuasin on 22 July, 1914

L.R. 859, Pratapsingh's case is referred to at p. 255 as an authority for the proposition that the actual reverter of the property to the head of the family did not bring the power of adoption to an end. Mr. Jayakar says that the adoption may be valid, and indeed he admits that it is valid, and yet it may give no right to the estate which formerly belonged to the adoptive father.
Bombay High Court Cites 1 - Cited by 4 - Full Document

Sri Raja Row Venkata Mahipathy ... vs Sri Raja Venkata Mahipathy Surya Rao ... on 19 March, 1915

The learned counsel also cited Rama Rao v. Raja of Pittapur (1918) L.R. 45 I.A. 148 : S.C. 20 Bom. L.R. 1056 where it was held that "an impartible Zamindari is the creature of custom; it is of its essence that no coparcenary in it exists. Apart, therefore, from custom and relationship to the holder, the junior members of the family have no right to maintenance out of it." A fortiori, Mr. Jayakar says, the widows would have no right to maintenance. In the present case, however, no one is claiming a right to maintenance. The plaintiff's case is that the widows of Anandrao took as his heirs, and he takes as Anandrao's adopted son. I do not find anything in the decision or in the reasoning in this case which is inconsistent with the proposition that the grant to Anandrao and his heirs might include his widows.
Madras High Court Cites 1 - Cited by 101 - Full Document
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