Mumbai Court April 1888 Judgments

Baikuvarbai Vs. Bhagvan Ichharam and anr.

Court: Mumbai

Reported in: (1889)ILR13Bom203

Birdwood, J.1. The plaintiff sues, as purchaser of & bhag in a bhagdari village, to recover possession, with mesne profits, of the bhag and the houses appurtenant thereto, of which the defendants in this case and the defendants in two other cases are in joint possession under Court sales at which they severally purchased the interests of three of the four sharers in the bhdg. The present defendants purchased the undivided one-fourth share of Adam Bagas on the 27th April, 1871, and were put into possession in 1871 or 1872, and have remained in possession ever since, without any objection from the Collector, who has entered the whole bhag in the names of the defendants in the three cases as an. undivided bhag.2. The plaintiff purchased the whole bhag from the four original sharers in 1878, and the suit was brought on the 26th April, 1883. The Assistant Judge has held that the sale to the defendants was void under Section 1 of Bombay Act V of 1882, and that the suit, regarded as one for p...