Mohammad Shafi Vs. Babu Bindeshari Singh

Mohammad Shafi vs Babu Bindeshari Singh

Type Court Judgment Court Allahabad Decided Feb 10, 1922

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Citation: sooperkanoon.com/471091
Court: Allahabad
Judge: Walsh, J.
Decided On: Feb 10, 1922
Subject: Land Acquisition

Case Summary

AI-generated summary - not the official court judgment text.

Trespass - Planting trees on another's land--Suit for possession--Limitation. -

Key legal issue: Land Acquisition

Parties & Advocates

Appellant / Petitioner

Mohammad Shafi

Respondent

Babu Bindeshari Singh

Legal References

Reported In: 70Ind.Cas.483

Excerpt

trespass - planting trees on another's land--suit for possession--limitation. - walsh, j.1. i agree with the judgment of the court below. i think this is an action for trespass and for possession of the land. the plaintiff was prepared to allow the defendants to remove the trees. that is not the same thing as an action for removal of the trees. the learned judge below has decreed possession. so far as the suit for possession is concerned, the period is twelve years. the defendants set up title and claimed adverse possession. i think the planting of trees one another person's land is an active trespass and, certainly, the owner is entitled to treat it as such if he wishes. the period is twelve years. i do not think musharf ali v. iftkhar hussain 10 a. 634 : a.w.n. (1888) 257 : 6 ind. dec. (n.s.) 427 applies. i have great doubts whether i should agree, with it, if it did. the appeal is dismissed with costs.

Full Judgment

Walsh, J.

1. I agree with the judgment of the Court below. I think this is an action for trespass and for possession of the land. The plaintiff was prepared to allow the defendants to remove the trees. That is not the same thing as an action for removal of the trees. The learned Judge below has decreed possession. So far as the suit for possession is concerned, the period is twelve years. The defendants set up title and claimed adverse possession. I think the planting of trees one another person's land is an active trespass and, certainly, the owner is entitled to treat it as such if he wishes. The period is twelve years. I do not think Musharf Ali v. Iftkhar Hussain 10 A. 634 : A.W.N. (1888) 257 : 6 Ind. Dec. (N.S.) 427 applies. I have great doubts whether I should agree, with it, if it did. The appeal is dismissed with costs.

Same Parties Mohammad Shafi vs Babu Bindeshari Singh Same Subject Land Acquisition Same Judge Walsh, J.

Land Acquisition