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1958 Supreme(SC) 58

K.SUBBA RAO, SYED JAFAR IMAM, B.P.SINHA
Madhavrao Narayanrao Patwardhan: State Of Bombay – Appellant
Versus
Ram Krishna Govind Bhanu – Respondent


Advocates:
A.V.VISHWANATHA SASTRI, G.A.DESAI, H.N.SANYAL, J.B.DADACHAN, K.L.Hathi, NAUNIT LAL, PURSHOTTAM TRIKAMDAS, R.H.Dhebar, RAJINDAR NARAIN, RAMESHWAR NATH ROY, S.N.ANDLEY

Judgment

B. P. SINHA, J. : These two appeals are directed against the judgment and decree dated 30th November 1951, passed by a Division Bench of the High Court of Judicature at Bombay, reversing those of the District Judge at Miraj, dismissing the plaintiff s suit for possession and mesne profits in respect of the suit properties in Civil Suit No. 2 of 1940. Civil Appeal No. 287 of 1955, is on behalf of the added respondent No. 7, and the Civil Appeal No. 288 of 1955, is on behalf of the added respondent No. 6- the State of Bombay which now represents the original first defendant-the Miraj State (now merged in the State of Bombay.)

2. In the view we have taken, as will presently appear, on the question of limitation, it is not necessary to state in any detail the pleadings of the parties or the merits of the decisions of the Courts below. For the purposes of these appeals, it is only necessary to state that the plaintiff-respondent who was the appellant in the High Court, had instituted a suit on 31st January 1929, the very last day of limitation, in the Munsiff s Court at Miraj. This suit was registered as Original Suit No. 724 of 1930, in that Court. The plaintiff prayed in the pl




















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