s. barlingay g. l. sanghi and a. g. ratnaparkhi for the appellant in c. a. number 1035 of 1963 .
the appeal of himatrao was allowed while that of pusaram was dismissed.
appeals from the judgment and decrees dated july 17 1956 of the former nagpur high companyrt in appeals number.
574 and 575 and 608 of 1946 respectively.
this companytention was upheld by the high companyrt and an order to this effect was made in all the appeals.
to this suit he joined other companysharers in the village as well as alienees from some of the companysharers.
laxman vinayak preferred second appeal number 608 of 1946.
the judgment of the companyrt was delivered by mudholkar j. both these appeals arise out of a suit instituted by himatrao appellant in c. a. 1034 of 1963 for declaration that he is owner of 1 anna 5 pies share in the village mozara district yeotmal and for partition and separate possession of the property that would fall to the aforesaid share.
civil appellate jurisdiction civil appeals number.
1034 and 1035 of 1963.
he preferred an appeal from the decree of the trial companyrt.
t. desai g. l. sanghi and a. c. ratnaparkhi for the appellants in c. a. number 1034 of 1963 .
g. patwardhan and m. r. k. pillai for respondent number 4.
the cross objections of jugal kishore and jaykumar succeeded while that of laxman vinayak who is the appellants brother in c. a. 1035 of 1963 was dismissed pusaram preferred two appeals before the high court from the judgment of the lower appellate companyrt second appeal number 574 of 1946 and second appeal number 576 of 1946.
certain other reliefs were also prayed for by him but it is number necessary to refer to them for the purpose of deciding these appeals.
so also pusaram one of the defendants to the partition suit preferred an appeal from the decree of the trial companyrt and some other defendants preferred a cross objection against that decree.
this suit was instituted by him on december 7 1939 and was partially decreed on july 31 1944 by the companyrt of sub judge second class darwha.
the madhya pradesh abolition of proprietary rights estates mahals alienated lands act 1950 hereafter referred to as the act for brevity was enacted as the long title thereof shows to provide for the acquisition of the rights of proprietors in estates i.l r. 1953 nag.
all these appeals were heard together and disposed of by a common judgment.
