Mumbai Court August 1911 Judgments

Pirojshah Bhikaji Vandrivalla Vs. Manibhai Nichhabhai

Court: Mumbai

Reported in: (1911)13BOMLR963

N.G. Chandavarkar, Kt., J.1. The first question is whether this is an impartibly village. It is argued that it is, because its tenure is Bhagdari. In the Court below no point would appear to have been made that the village, being Bhagdari, could not be partitioned by metes and bounds. The question as to its impartibility was rested there by the appellant on other grounds. Whether the village is Bhagdari or not must be determined on evidence, and we should not be justified in deciding the case on that point, raised as it is for the first time in appeal. But the appellant's pleader has referred to certain documentary evidence to show that the point was present to the minds of the parties in the Court below and was raised there. That evidence consists of judgments in what are known as the Kabilpur, Jamalpur, and Visalpur cases. In the judgments relating respectively to the first and the last, there is a reference to the fact of these villages being either Bhagdari or similar to Bhagdari; ...