Balwant was the eldest male member in the joint family companysisting of himself and Anna Saheb.
The Maharashtra Revenue Patels Abolition of Office Act, 1962 for short the Act came into force on January 1, 1963.
following Nagesh B. Desais case and Nalgondas case upheld the right to partition by the junior members after the Karnataka Village Officers Abolition Act, 1961 came into force.
The Patel watans, by operation of s.3, stood abolished.
It is number an admitted fact that all other properties except two items of the agricultural lands bearing R.S. Nos.359 and 172/8 situated in the village Rukadi of a total extent of 15 acres and 20 gunthas, attached to the Patel watan, were partitioned by metes and bounds.
Thereafter, Balwant, being eldest member of the family, obtained a re grant under s.5 of the Act.
1994 4 Scale 750, a bench of two Judges K. Ramaswamy and N. Venkatachala, JJ.
The trial companyrt decreed the suit and a preliminary decree was made for division of 15 acres and 20 gunthas in equal moities.
The appellants filed the suit for partition and allotment of half share therein.
The watan properties attached to the office of Patel, by rule of primogeniture, became impartible.
On this account they have been tagged together and were referred to three Judge Bench.
The facts in Civil Appeal No.32/80 are sufficient to decide the question of law.
One Bapu Anna Patil for short B.A. Patil , father of Anna Saheb, the first appellant/1st plaintiff and Balwant alias Balasaheb, the first defendant, deceased 1st respondent in Special Civil Suit No.79/67 on the file of Civil Judge Senior Division Kolhapur, died on October 31, 1956.
