Mahabir Pershad and anr. Vs. Adhikari Koer and anr.

Mahabir Pershad and anr. vs Adhikari Koer and anr.

Type Court Judgment Court Kolkata Decided May 07, 1896

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Citation: sooperkanoon.com/868091
Court: Kolkata
Judge: Hobhouse, ;Macnaghten, ;Morris, ;James and ;R. Couch, JJ.
Decided On: May 07, 1896
Subject: Limitation;Property

Case Summary

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

Limitation - Adverse possession--Hindu law--Mitakshara--Estate in the possession of the widow of the last male survivor of a family coparcenary--Possession, first obtained through her, held, adversely to the heirs, by the widow of another coparcener--Limitation Act (XV of 1877). -

Key legal issue: Limitation;Property

Parties & Advocates

Appellant / Petitioner

Mahabir Pershad and anr.

Respondent

Adhikari Koer and anr.

Legal References

Reported In: (1896)ILR23Cal942

Excerpt

limitation - adverse possession--hindu law--mitakshara--estate in the possession of the widow of the last male survivor of a family coparcenary--possession, first obtained through her, held, adversely to the heirs, by the widow of another coparcener--limitation act (xv of 1877). - macnaghten, j.1. their lordships are of opinion that there is no foundation for this appeal. they entirely agree with the judgment of the court below. they think that the possession has been adverse since the year 1843, the date of dipa koer's death; and they will, therefore, humbly advise her majesty that the appeal must be dismissed with costs.

Full Judgment

Macnaghten, J.

1. Their Lordships are of opinion that there is no foundation for this appeal. They entirely agree with the judgment of the Court below. They think that the possession has been adverse since the year 1843, the date of Dipa Koer's death; and they will, therefore, humbly advise Her Majesty that the appeal must be dismissed with costs.

Same Parties Mahabir Pershad and anr. vs Adhikari Koer and anr. Same Subject Limitation;Property Same Judge Hobhouse, ;Macnaghten, ;Morris, ;James and ;R. Couch, JJ.

Limitation;Property