Mumbai Court June 1926 Judgments

Ramchandra Bajaji Bhandgire and ors. Vs. Shripati Sabhaji Bhandgire

Court: Mumbai

Reported in: AIR1926Bom595

Fawcett, J.1. In this case the plaintiffs-appellants sued to recover possession of the plaint plot, which is an open site, and also to recover Rs. 50 by way of damages for trees cut down and removed by the defendant, the allegation being that the plaint property was of the plaintiffs' exclusive ownership and enjoyment and that the defendant had not the least right over the trees that he had cut. The trial Court found in favour of the plaintiffs' claim for ownership and granted them the decree as sought. On appeal, the Assistant Judge held that the plaintiffs had not satisfied certain mortgage deeds executed in favour of the grandfather of the defendant about the plaint property and that, therefore, the plaintiffs were not entitled to the site as owners. He also held that these particular trees had been planted by the defendant as mortgagee, and that he had a right to plant and remove the trees. Accordingly, he reversed the lower Court's decree and dismissed the plaintiffs' suit with co...