Mumbai Court September 1925 Judgments
Jinabhai Nathabhai Rashia Vs. the Collector and Taluqdari Settlement O ...
Court: Mumbai
Decided on: Sep-02-1925
Reported in: 94Ind.Cas.752
Norman Macleod, C.J.1. The plaintiff sued to recover the sum of Rs. 57-4-9 which the defendant's officers were alleged to have unjustly and unlawfully levied from him on September 22, 1920, and to have a permanent injunction restraining the defendant in future from recovering either by himself or through his officers any amount in excess of what he had been paying for the land in his possession. The first question was whether the plaintiff as a tenant of the suit land was a permanent tenant of the taluqdar of Dehwan at a fixed rent or a tenant at-will. It can hardly be disputed that the Judge was right in holding that the plaintiff failed to prove anything in the nature of a permanent tenancy.2. The next question then was whether the arrears of rent which had been recovered by the defendant were illegally recovered under powers not possessed by the defendant who was a Taluqdari Settlement Officer. Section 111 of the Land Revenue Code has been incorporated in Section 33 of the Gujarat T...
Tag this Judgment!Parvatibai Trimbakrao Patvardhan Vs. Vishvanath Khanderao Raste
Court: Mumbai
Decided on: Sep-01-1925
Reported in: AIR1926Bom90; (1925)27BOMLR1509; 92Ind.Cas.4
Norman Macleod, Kt., C.J.1. The plaintiff sued to recover Rs. 6580 with costs of the suit and future interest at six per cent from the estate of the deceased testator Rao Badadur Khanderao Vishwanath Raste in the hands of the defendant. The plaintiff claimed this amount as the arrears of annuity of Rs. 400 a year payable to her under the will of her deceased father.2. The claim has been dismissed by the lower Court on various grounds, and we think that this appeal can be disposed of in a very simple manner.3. The defendant was adopted in 1896, and Ex. 82, the tharavpatra, was executed at the time as constituting an agreement between the natural father of the defendant, who was then a minor, and the adoptive father. One clause of the agreement was to this effect that the adoptive father had made a will; that the adopted boy should act up to the terms of the will, and in case the adoptive father made other wills, the adopted eon should behave according to the terms of the other wills. Th...
Tag this Judgment!Ganpatrao Bhavanrao Vs. Ganesh Vishnu Hasabnis
Court: Mumbai
Decided on: Sep-01-1925
Reported in: (1926)28BOMLR395; 94Ind.Cas.651
Madgavkar, J.1. The question in this case is whether the plaintiff-appellant Ganpatrao is entitled to obtain possession of Survey No. 140, which is admittedly watan land, from the defendants-respondents. That survey number was mortgaged by his grandfather Vithalrav to the predecessor-in-title of the respondents. In the redemption suit of 1883, the civil Court ordered Vithalrav to redeem within a certain period. Vithalrav failed to do so, and he forfeited his right to redeem. He then applied to the Deputy Collector for restoration of the lands and succeeded. In appeal by the mortgagee-decree holder the order was set aside by the Collector and the mortgagee re-instnted. On the death of Vithalrav, the appellant's father Bhavanrao passed a permanent lease in favour of the respondents, for three survey numbers. The respondents father obtained possession of one survey number only-No. 140. The appellant accordingly sues for possession of No. 140 and a declaration in respect of the other two s...
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