Court : Mumbai
Reported in : (1877)ILR1Bom209
Marriott, J.1. As I hold that the piece of land in question was purchased by and was the land of the ancestors of the plaintiff, and the defendant admits that the plaintiff represents the original purchaser, it follows that the plaintiff is entitled to a verdict, unless the defendant can show that the plaintiff has ceased to be such owner, and the defendant acquired a title as owner either by purchase or by adverse possession.2. The defendant has filed his written statement, in the 1st and 2nd paras. of which he sets out his title to hiss dwelling-house and the land belonging thereto. In the 3rd para. he says: 'The said premises, when purchased as aforesaid by the defendant, consisted of a building with a compound at the rear thereof, and on the south side of the said compound was a vacant piece of land belonging to the plaintiff, who had also encroached, to the extent of 22 1/2 square yards on the land of the defendant at the south corner of the said compound of the defendant's premis...
Tag this Judgment!Court : Mumbai
Reported in : (1877)ILR2Bom469
Michael Westropp, C.J.1. In order to sustain this action, the plaintiffs were bound to show that they themselves had suffered some particular inconvenience by the conduct of the defendants: Baroda Prasad v. Gora Chand 3 Beng. L.R 295; S.C. 12. Cal. W.R., 160 Civ. Rul:), per Peacock, C.J., followed in Raj Luckhee Debia v. Chander Kant Chawdry 14 Beng. L.R., 173. The case of Jina Ranchod v. Jodha Ghela (l Bom; H.C. Rep. 1) does not seem to be inconsistent with this. The statement of facts in the report of that case is meagre, but we gather from the argument that some injury to the plaintiff, personally arising from the obstruction complained of, must have been alleged. The plaint in the present case having been read to us, we fail to perceive that any particular injury, resulting to the plaintiffs themselves, is alleged on their behalf; we must, therefore, affirm with costs the decrees of the Courts below which rejected their suit....
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