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1884 (12) TMI 1

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....d, on money claims against the latter. In execution of those decrees the right, title, and interest of Govind and Vithal in the lands in question were sold to the defendant. The plaintiff now sues to recover the lands on the ground that they had originally belonged to the Athavle family, who sold them to the plaintiff's father as agent for Rambha Patabhirambhat Telang, who, in 1870, by deed of....

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....nd I give for the sustenance of both of you brothers the following out of my lands which are situated at Mauze Kurul and Belkada of the Alibag Taluka, and which stand in the name of your father in the Government records as suti *** The lands as described above have been given in gift to you both. You may maintain yourselves on what may remain out of the profits of the lands in question after ded....

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....of which are allowed by Hindu law to be provided for in perpetuity. In Ashutosh Dutt v. Doorga Churn L.R. 6 IndAp 182 no objection was taken to the alleged endowment being in favour of the household idol, but solely that the whole property was not devasthdn. Again, in the case to which we have been referred in the footnote at 15 BL R 176 the Privy Council held there was no endowment, not because i....