Mumbai Court June 1905 Judgments

Madhav Shivram Vs. Rakhama Bhaushet

Court: Mumbai

Reported in: (1907)9BOMLR864

Lawerence Jenkins, C.J.1. The plaintiff sues for the removal of a dam. Whether the dam is on the plaintiffs land, or not, is one of the matters left in doubt in this suit. And it is because of this doubt that it is impossible to allow the judgment of the Assistant Judge to stand.2. The first Court appears to have thought that the dam was on the plaintiff?s land.3. The Assistant Judge considers that the dam was built on the defendants? land and he came to that conclusion on what he took to be an admission in the plaint.4. We can find no such admission though no doubt there is not a distinct allegation that the dam stands on the land of the plaintiff. We think this is a point that must be cleared up.5. But even if the dam stands on land that does not belong to the plaintiff, it is by no means clear on the materials before us that the defendant is not liable in damages. For instance, if we look at the plan and to the Commissioners report and if we have regard to what is said not only in t...